GIFT   OF 


NEBRASKA 

SCHOOL  LAWS 


As  Revised  and  Amended  in 

1911 

BY  J.  W.  CRABTREE 

Superintendent  of  Public  Instruction 


Printed  and  for  Sale  by 

HAMMOND  &  STEPHENS  CO. 

Educational  Publishers 

County  Superintendents  Supplies 
FREMONT,  NEB. 


J.  M.  MCKENZIE.  A.  M. 
State  Superintendent,  1871-1877 


THE 


NEBRASKA 
SCHOOL    LAWS 


AS  REVISED  AND  AMENDED  IN 

1911 


BY  J.  W.  CRABTREE 
Superintendent  of  Public  Instruction 


Dedicated  to 

J.  M.  McKENZIE,  A.M. 

State  Superintendent,  1871-1877 

This  being  the  fortieth  year  since  the  publishing  of  the  first  School  Laws  of  Nebraska 


<?  I 


Printed  and  for  Sale  by 

HAMMOND  &  STEPHENS  CO 

Educational  Publishers 

County  Superintendents  Supplies 
FREMONT,  NEB. 


MODEL  RURAL  SCHOOL  BUILDING. 

Front  view.     Estimated  cost  $900  to  $1500,  according  to  completeness  of 

equipment. 


'if|;>: 

ill 


Rear  view  of  the  same  building.      TTp-to-date  plan  of  lighting. 


247903 


Special  attention  has'been  given  in  the  above  model  floor  plan  to  have  the 
interior  arranged  according  to  the  most  modern  it 


THE  MODEL  RURAL  SCHOOL  BUILDING. 

[By  an  Architect.] 

The  plan  as  laid  out  contemplates  either  an  entirely  new  building,  or  the 
ordinary  rectangular  plan  rural  school  building  remodeled,  and  is  designed 
to  embody  all  of  the  latest  ideas  pertaining  to  lighting,  heating  and  venti- 
lating. 

The  system  of  lighting  is  what  is  known  as  the  unilateral  or  one-sidelight- 
ing,  by  which  the  light  is  brought  from  a  number  of  windows  located  to  the 
left  of  the  pupil,  and  set  as  close  to  the  ceiling  as  practicable.  The  high  win- 
dows shown  at  the  rear  are  not  essential,  as  the  proper  amount  of  glass  surface 
is  contained  in  the  bank  of  windows  to  the  left. 

The  heating  and  ventilating  is  accomplished  in  the  same  manner  as  in 
the  most  modern  gravity  heating  plants  in  larger  buildings — that  is,  the  air 
is  brought  in  from  the  outside  well  above  the  grade  line.  In  this  case  it  is 
brought  through  the  lower  window  in  the  front  gable,  drops  down  the  air 
shaft  back  of  the  heater,  and  ascends  between  the  jacket  and  the  heater.  By 
means  of  a  series  of  baffle  plates  the  air  is  passed  over  the  heating  surface  but 
never  coming  in  contact  with  the  fire,  passes  out  above  the  heater  and  ex- 
hausts into  the  room,  as  indicated  by  the  darts,  directly  toward  and  against 
the  cooling  surface,  which  is  the  windows  on  the  left  of  the  room.  The  upper 
part  of  the  receptacle  which  receives  this  heater  curves  outward  at  the  top  so 
as  to  deflect  the  warm  air  into  the  room.  As  the  air  leaves  the  heater,  being 
pure  and  warm  it  rises  to  the  ceiling  and  would  remain  there  were  it  not  for 
the  large  ventilating  flue  and  vent  register  at  the  bottom,  which  takes  off  the 
lower  strata  of  air,  allowing  the  pure  warm  air  to  fall  equally  all  over  the 
room.  This  entirely  eliminates  all  currents  and  drafts  and  holds  the  temper- 
ature of  the  room  the  same  in  all  parts.  To  absolutely  insure  an  ascending 
current  of  air  in  the  vent  flue  at  all  times  there  is  an  iron  plate  set  vertically 
between  the  heat  and  vent  flue  just  opposite  where  the  smoke  pipe  enters. 
The  heat  from  the  smoke  pipe  heats  this  iron  plate,  which  in  turn  heats  the 
air  in  the  vent  flue,  causing  an  upward  current  which  pulls  the  air  out  of  the 
schoolroom  as  above  mentioned. 

The  apparatus  as  described  and  laid  out  is  practically  fireproof,  and 
much  safer  than  stoves,  as  there  is  a  double  jacket  between  the  fire  and  the 
woodwork  at  any  point,  and  between  these  jackets  is  constantly  passing  a 
current  of  air.  It  would  be  next  to  impossible  to  build  a  fire  intense  enough 
to  set  the  building  on  fire.  While  this  plant  includes  all  the  desirable  features 
of  the  more  elaborate  and  more  expensive  plants  used  in  larger  buildings,  it 
has  the  distinct  advantage  of  not  being  a  patented  article  and  can  be  in- 
stalled without  the  payment  of  any  royalties  whatever,  at  the  same  time 
being  practical  and  economical. 

The  fuel  room  is  sufficiently  large  to  hold  fuel  for  at  least  a  week,  it  being 
assumed  that  the  janitor  or  person  in  charge  can  fill  the  same  at  the  end  of 
the  week  and  do  away  with  the  dust  and  dirt  caused  by  bringing  in  fuel  from 
the  outside  many  times  during  the  day. 

The  work  room  is  large  and  well  lighted  and  heated  directly  from  the 
school  heater,  and  is  separated  from  the  main  schoolroom  by  a  rolling  parti- 
tion or  sliding  door,  permitting  the  same  to  be  thrown  into  the  main  school- 
room when  desired. 

The  closet  adjacent  is  designed  for  the  use  of  the  teacher. 

The  building  as  designed  can  be  built  of  either  frame  or  masonry,  and 
if  of  frame  the  only  masonry  required  would  be  the  foundation  walls  and 
smoke  and  vent  flues. 


PREFACE 

This  volume  is  public  property.  It  is  to  be  kept  in  the  custody  of  the 
school  officers  and  produced  by  them  at  all  meetings  of  the  district  for  con- 
sultation by  the  voters,  and  must  be  delivered  to  their  successors  in  office. 

The  new  laws  have  been  incorporated  under  appropriate  subdivisions 
and  properly  indexed  so  that  little  difficulty  need  be  experienced  in  finding 
them. 

Supreme  Court  decisions  and  important  decisions  of  the  state  superin- 
tendents from  1881  to  1911  have  been  carefully  classified  and  placed  under 
the  section  of  the  school  law  to  which  the  decision  applies. 

The  legislature  has  declared  that  the  decisions  of  the  state  superintendent 
shall  be  held  to  have  the  force  of  law  until  reversed  by  the  courts,  and  It  is 
a  fact  worthy  of  notice  that  the  supreme  court  of  the  state  has  reversed  only 
two  rulings  of  this  department  within  the  last  twenty  years. 

It  must  be  remembered  that  the  decisions  are  based  upon  the  laws  now  in 
force.  Every  legislature  makes  some  changes  in  the  school  laws.  Hence,  these 
rulings  will  necessarily  be  modified  by  new  laws  enacted  or  old  ones  amended 
or  repealed.  In  cases  where  there  is  no  law  to  govern  and  no  decision  of  the 
court  to  guide,  the  state  superintendent  has  been  governed  by  the  counsel 
of  the  attorney  general  of  Nebraska  and  by  the  supreme  court  rulings  of  other 
states. 

Subdivision  14a  relating  only  to  South  Omaha,  subdivision  17  relating 
only  to  Omaha,  subdivision  19  relative  to  the  University,  subdivision  20  on 
Educational  'Corporations,  and  subdivision  21  on  School  Lands  and  Funds 
have  been  omitted  on  account  of  their  dealing  with  questions  not  common  to 
the  general  public.  Public  economy  also  demands  the  omission  'of  these 
subdivisions  from  this  publication.  For  the  same  reasons  one  or  two  other 
miscellaneous  laws  have  been  omitted. 

The  main  subject  of  each  section  has  been  printed  in  bold-faced  type  as 
a  matter  of  convenience  for  reference.  The  most  important  supreme  court 
decisions  relating  to  school  matters  and  recent  official  decisions  of  this 
department  have  been  added.  It  is  hoped  that  these  features  will  commend 
this  edition  to  all  who  may  have  occasion  to  use  it. 

Please  note  that  ALL  REVISIONS  by  the  Legislative  Session  of  1911 
are  printed  in  BLACK  FACE  TYPE. 

J.  W.  CRABTREE, 
Superintendent  of  Public  Instruction. 

Lincoln,  June  1,  1911. 


BUSINESS  CALENDAR 

I.— DISTRICT  MEETINGS.  Page 

1.  Time  of  holding  (annual  meeting)  last  Monday  of  June 29 

2.  Place  of  holding 

(a)  In  schoolhouse,  if  there  be  one,  or, 

(b)  In  some  other  suitable  place  in  the  district. 

3.  Special  meeting 29 

(a)  By  whom  and  how  called. 

(b)  Object  of  meeting  must  be  stated. 

(c)  Fifteen  days'  notice  necessary .' . .  . .      30 

4.  Notice  of  meeting 30 

(a)  Posted  in  three  public  places  in  the  district. 

(b)  Posted  fifteen  days  before  date  of  meeting. 

(c)  State  the  day,  hour,  and  place  of  meeting. 

(d)  Must  so  state,  if  change  of  site  or  levy  for  building  will  be 

considered. 

5.  Qualifications  of  voters  at  district  meetings 30 

(a)  The  voter  (man  or  woman)  must  be  twenty-one  years  of  age. 

(b)  The  voter  (man  or  woman)  must  have  resided  in  the  district 

for  a  period  of  forty  days  immediately  preceding  the  meet- 
ing. 

(c)  The  voter  (man  or  woman)  must  be  the  owner  of  real  estate 

in  the  district,  or  must  own  personal  property  that  was 
assessed  in  his  (or  her)  own  name  at  the  last  annual  assess- 
ment, or  must  have  children  of  school  age  residing  in  the 
district. 

(d)  Challenge. 

6.  Business  that  may  be  transacted  only  at  an  annual  district  meeting     32 

(a)  Change  the  location  of  schoolhouse  site. 

(b)  Determine  the  amount  of  money  required. 

1.  For  maintenance  the  ensuing  year  (not  to  exceed  25 
mills) 33 

2.  For  free  high  school  fund  in  accordance  with  itemized 
estimate  of  county  superintendent 59 

(c)  Determine  the  number  of  mills  (not  exceeding  ten)  on  the 

dollar  of  assessed  valuation  to  be  expended  for  building, 
purchase,  or  lease  of  schoolhouse,  when  there  are  no  bonds 
voted  for  such  purposes 33 


12  N£B;R4SKA  SCHOOL  LAWS 

(d)  Give  directions  for  the  expenditure  of  the  building  fund ....      35 

(e)  Determine  the  length  of  time  school  shall  be  taught  in  the 

district  the  ensuing  year,  subject  to  the  provisions  of  sec- 
tion 14,  subdivision  2;  and  whether  the  money  appor- 
tioned or  voted  for  the  support  of  the  school  therein  shall 
be  applied  to  the  winter  or  summer  term  or  a  certain  por- 
tion to  each 35 

(f)  Regular  election  of  necessary  officers  must  be  by  ballot. 

(Officers  can  be  elected  at  special  meetings  only  to  fill 
vacancies) 38 

(g)  Require  the  director  to  present  an  itemized  estimate  of  the 

amounts  necessary  to  be  expended  during  the  ensuing 
year  for  all  purposes,  also  a  statement  of  all  orders  drawn 
on  the  county  treasurer  and  on  the  district  treasurer.  ...  46 
(h)  The  minutes  of  the  meeting  should  be  read,  corrected  (if 
necessary),  and  approved  by  a  vote  of  the  meeting.  The 
minutes  must  contain  a  clear  statement  of  every  item  of 

business  transacted  at  the  meeting 46 

7.     Business  that  may  be  transacted  at  either  an  annual  or  special 

district  meeting 32 

(a)  Adjourn  for  the  purpose  of  designating  schoolhouse  site ...      32 

(b)  Direct  purchasing  or  leasing  of  an  appropriate  site 32 

(c)  Direct  building,  hiring,  or  purchasing  a  schoolhouse 32 

(d)  Transfer  money  from  one  fund  of  the  district  to  another, 

after  the  purpose  for  which  it  was  raised  has  been  accom- 
plished, and  after  all  debts  for  which  the  fund  is  liable 
have  been  discharged 35 

(e)  Direct  by  a  two-thirds  vote  the  sale  of  any  schoolhouse, 

site,  building,  or  other  property  belonging  to  the  district, 
when  no  longer  needed  for  the  use  of  the  district 37 

(f)  Direct  and  provide  for  the  prosecution  or  defense  of  any 

proceeding  in  which  the  district  may  be  an  interested 
party 37 

(g)  Elect  officers  to  fill  vacancies 54 

(h)    May  direct,  by  a  two-thirds  vote,  the  school  board  to  con- 
tract with  a  neighboring  district  for  instruction  of  pupils     52 

II.— DISTRICT  BOARD. 

1.  Report  taxes  voted  at  the  annual  meeting,  including  free  high  school 

tax 48j49 

2.  Deliver  estimate  of  free  high  school  tax  levy  to  county  superinten- 

dent and  county  clerk  when  annual  meeting  refuses  or  neglects 

to  vote  same 59 

3.  Have  general  care  of  the  school,  classify  the  scholars,  and  provide 

a  course  of  study  by  consent  and  advice  of  county  superintendent     48 


BUSINESS  CALENDAR  13 

4.  Determine  rates  of  tuition  of  non-resident  pupils 49 

5.  Suspend  or  expel  pupils 52 

6.  Purchase  or  lease  site;  build,  hire,  or  purchase  schoolhouse  when 

directed  by  voters 53 

7.  Have  care  and  custody  of  schoolhouse  and  other  property 54 

8.  Fill  vacancy  by  appointment 54 

9.  Contract  with  neighboring  district 52 

10.  Provide  transportation 52 

11.  Shall  present  at  annual  meeting  statement  in  writing  of  receipts 

and  expenditures,  funds  on  hand  and  estimate  for  ensuing  year  56 

12.  Appoint  physician 108 

13.  Provide  and  care  for  outhouses 53 

14.  Close  school  for  Institute 80 

III.— MODERATOR. 

1.  Administer  oath  to  director  and  treasurer 40 

2.  File  acceptance  of  office. 38 

3.  Countersign  all  orders  and  warrants 40 

4.  Preside  at  district  meetings 40 

5.  Order  arrest  of  disorderly  person  at  district  meeting 40 

6.  Approve  treasurer's  bond   41 

7.  Contract  with  teacher 43 

IV.— TREASURER. 

1.  File  official  bond  within  ten  days  after  election 41 

2.  Apply  for  and  receive  moneys  from  the  county  treasurer 41 

3.  Pay  district  moneys  on  the  order  of  the  director,  countersigned  by 

the  moderator 41 

4.  Record  receipts  and  disbursements 42 

5.  Report  at  annual  meeting  receipts  and  disbursements 42 

6.  Turn  over  to  successor  official  books,  papers,  and  funds 42 

7.  Appear  for  the  district  in  suits  brought  by  or  against  it 42 

8.  Contract  with  teacher 43 

V.— DIRECTOR. 

1.  Report  taxes  voted  at  the  annual  meeting,  free  high  school  levy 

separately.  The  reports  must  be  signed  by  all  the  officers  of  the 
board,  and  delivered  to  the  county  clerk  (a  duplicate  to  the 
county  superintendent),  by  the  first  Monday  in  July 33,  47,  56 

2.  File  acceptance  of  office 38 

3.  Draw  and  sign  all  orders  and  warrants 41,  46 

4.  Shall  be  clerk  of  district  board  and  district  meetings 43 


14  NEBRASKA  SCHOOL  LAWS 

5.  Record  all  proceedings  of  the  district 

6.  Preserve  copies  of  reports  to  the  county  superintendent  .........      43 

7.  Contract  with  teachers,  with  consent  and  advice  of  the  moderator 

and  treasurer  or  one  of  them,  or  under  their  direction 43 

8.  Notify  the  county  superintendent  of  contract  with  teacher 43 

9.  Take  census,  together  with  the  names  of  all  the  taxpayers  in  the 

district,  within  ten  days  before  the  last  Monday  in  June 45 

10.  Present  to  the  annual  meeting  an  estimate  of  expenses  and  prob- 

able amount  of  taxes  for  the  ensuing  year .      46 

11.  Report  to  the  annual  meeting  the  business  transactions  of  the  board 

for  the  past  year 46 

12.  Give  notice  of  annual  meeting  at  least  fifteen  days  before  the  last 

Monday  in  June   46 

13.  Report  to  the  county  superintendent  within  ten  days  after  the 

annual  meeting 47 

14.  Furnish  the  annual  meeting  a  statement  of  the  aggregate  assessed 

valuation  of  the  taxable  property  in  the  district 47 

15.  Approve  monthly  report  of  teacher 71 

16.  Require  report  of  attendance  of  children 107 

17.  Give  notice  to  parent  or  guardian 107 

18.  Make  complaint  against  parent  or  guardian 107 

VI.— TEACHER. 

1.  Must  have  certificate 43,  54,  70,  98 

2.  Examination 71,  73,  74,  75,  76,  98 

3.  Make  monthly  report  to  the  director 71 

4.  Fill  out  term  summary  and  send  copy  to  the  county  superintendent     71 

5.  Must  attend  institute 79,  80 

VII.— COUNTY  SUPERINTENDENT. 

1.  Form  new  districts  and  change  district  boundaries  .'.21,  22,  23,  24, 25,  94 

2.  Notify  taxable  inhabitant  of  the  formation  of  a  new  district 24 

3.  Divide  district  property  upon  the  formation  of  a  new  district 25 

4.  Sell  schoolhouse  when  ordered  by  the  district 26 

5.  Report  to  county  clerk  and  county  treasurer  change  in  district 

boundaries,  and  keep  in  the  office  of  the  county  clerk  a  map  of  the 
school  dictricts  of  the  county 27 

6.  Determine  site  for  schoolhouse  in  new  district 32 

7.  Appoint  district  officers 39,  54 

8.  Apply  for  writ  of  mandamus  against  district  officers 40 

9.  Admininster  oaths  for  the  purpose  of  attesting  school  reports  and 

the  administration  of  the  school  law 47 


BUSINESS  CALENDAR  15 

10.  Notify  director  to  transfer  pupils  to  adjoining  districts,  and  notify 

the  county  clerk  of  said  transfer 50 

11.  Examine  all  candidates  as  teachers  for  the  public  schools 74  76 

12.  May  revoke  certificate 77 

13.  May  act  as  third  officer  in  district  having  but  two  legal  voters 28 

14.  Grant  certificates  to  teachers  in  such  forms  as  shall  be  prescribed 

by  the  state  superintendent 76 

15.  Receive  all  blanks  and  communications  from  the  state  superintend- 

dent  and  dispose  of  same 67 

16.  Visit  each  of  the  schools  in  his  county  at  least  once  in  each  year, 

and  consult  with  teachers  and  district  boards 66 

17.  Promote  the  improvement  of  the  schools  in  his  county  by  public 

lectures,  teachers'  institutes,  etc 66 

18.  Examine   district  reports   and  return  same  for  correction   when 

necessary 67 

18a.   Report  to  the  state  superintendent  when  required,  and  be  subject 

to  rules  and  instructions  prescribed  by  the  state  superintendent     67 

19.  Notify  the  district  officers  of  report  due  and  not  received 67 

20.  Report  to  the  superintendent  of  the  institute  for  the  blind  and  to 

the  superintendent  of  the  institute  for  the  deaf  and  dumb 67 

21.  Must  attend  normal  institute  in  his  district 79 

22.  Apportion  state  school  funds  to  the  districts  of  his  county  within 

twenty  days  after  warrant  is  received  from  state  auditor 82 

23.  Appoint  appraisers  of  schoolhouse  site,  condemned 86 

24.  Assist  in  appraisal  of  claims  or  assets  in  division  of  district  within 

metropolitan  cities. 

25.  File  official  bond  of  $1,000.     (See  sections  5  and  19,  chapter  10, 

Compiled  Statutes  of  Nebraska.) 

26.  Notify  teachers  of  institute 80 

27.  Notify  school  boards  to  close  school  during  institute 80 

28.  Deliver  to  district  board  on  or  before  second  Monday  in  June  esti- 

mate of  amount  required  to  pay  free  high  school  tuition 58 

29.  Deliver  to  county  clerk  an  itemized  estimate  of  free  high  school 

tax  levy  when  district  fails  to  vote  free  high  school  tax 59 

30.  Certify  under  oath  to  the  state  superintendent  on  or  before  the 

second    Monday   in    October,    number   of   districts   entitled   to 
state  aid . .  36,  37 


THE  PROVISIONS  OF  THE  CONSTITUTION  OF  THE 
STATE  OF  NEBRASKA  RELATIVE  TO  EDUCATION. 


ARTICLE  VIII.— EDUCATION. 

Section  1. — Board  of  educational  lands  and  funds. — The  governor, 
secretary  of  state,  treasurer,  attorney  general,  and  commissioner  of  public 
lands  and  buildings  shall,  under  the  direction  of  the  legislature,  consti- 
tute a  board  of  commissioners  for  the  sale,  leasing,  and  general  manage- 
ment of  all  lands,  and  funds  set  apart  for  educational  purposes,  and  for  the 
investment  of  school  funds  in  such  manner  as  may  be  prescribed  by  law. 

Authority  to  invest  a  portion  of  the  fund  cannot  be  conferred  by  legislative  enactment 
upon  the  treasurer.     40  Neb.,  298. 

Sec.  2. — Property,  how  used. — All  lands,  money,  or  other  property, 
granted  or  bequeathed,  or  in  any  manner  conveyed  to  this  state  for  edu- 
cational purposes,  shall  be  used  and  expended  in  accordance  with  the  terms 
of  such  grant,  bequest,  or  conveyance. 

Sec.  3. — Permanent  school  fund. — The  following  are  hereby  declared 
to  be  perpetual  funds  for  common  school  purposes,  of  which  the  annual 
interest  or  income  only  can  be  appropriated,  to  wit: 

First — Such  per  centum  as  has  been  or  may  hereafter  be  granted  by 
Congress  on  the  sale  of  lands  in  this  state. 

Second — All  moneys  arising  from  the  sale  or  leasing  of  sections  num- 
ber sixteen  and  thirty-six  in  each  toVnship  in  this  state  and  the  lands  selected 
or  that  may  be  selected  in  lieu  thereof. 

Third — The  proceeds  of  all  lands  that  have  been  or  may  hereafter  be 
granted  to  this  state,  where  by  the  terms  and  conditions  of  such  grant,  the 
same  are  not  to  be  otherwise  appropriated. 

Fourth — The  net  proceeds  of  lands  and  other  property  and  effects  that 
may  come  to  the  state,  by  escheat  or  forfeiture,  or  from  unclaimed  dividends, 
or  distributive  shares  of  the  estates  of  deceased  persons. 

Fifth — All  moneys,  stocks,  bonds,  lands,  and  other  property  now  be- 
longing to  the  common  school  fund. 
Cited  5  Neb.,  206. 

Sec.  4. — Temporary  school  fund. — All  other  grants,  gifts,  and  devises 
that  have  been  or  may  hereafter  be  made  to  this  state,  and  not  otherwise 
appropriated  by  the  terms  of  the  grant,  gift,  or  devise,  the  interest  arising 
from  all  the  funds  mentioned  in  the  preceding  section,  together  with  all  the 
rents  of  the  unsold  school  lands,  and  such  other  means  as  the  legislature  may 
provide,  shall  be  exclusively  applied  to  the  support  and  maintenance  of 
common  schools  in  each  school  district  in  the  state. 
5  Neb.,  103,  206.  15  Id.,  610.  16  Id.,  680. 


18  NEBRASKA  SCHOOL  LAWS 

Sec.  5. — Fines  and  licenses. — All  fines,  penalties,  and  license  moneys 
arising  under  the  general  laws  of  the  state  shall  belong  and  be  paid  over  to 
the  counties  respectively  where  the  same  may  be  levied  or  imposed,  and  all 
fines,  penalties,  and  license  moneys  arising  under  the  rules,  by-laws,  or  ordi- 
nances of  cities,  villages,  towns,  precincts,  or  other  municipal  subdivisions 
less  than  a  county,  shall  belong  and  be  paid  over  to  the  same  respectively. 
All  such  fines,  penalties,  and  license  moneys  shall  be  appropriated  exclusively 
to  the  use  and  support  of  common  schools  in  the  respective  subdivisions 
where  the  same  may  accrue. 

5  Neb.,  310,  516.  8  Id.,  31162.  9  Id.,  184,  352,  404.  11  Id.  557.  14  Id.,  479.  17  Id., 
224.  27  Id.,  64.  28  Id.,  254.  29  Id.,  288,  348. 

Where  a  liquor  license  has  been  issued  and  is  thereafter  cancelled  without  fault  of  the 
licensee,  he  is  entitled  to  a  repayment  pro  tanto  of  the  sum  paid  for  the  unexpired  time. 
Neb..  858. 

Sec  6. — Common  schools. — The  legislature  shall  provide  for  the  free 
instruction,  in  the  common  schools  of  this  state,  of  all  persons  between  the 
ages  of  five  and  twenty-one  years. 

Sec.  7. — Distribution  of  income — Provisions  shall  be  made  by  general 
law  for  an  equitable  distribution  of  the  income  of  the  fund  set  apart  for  the 
support  of  the  common  schools  among  the  several  school  districts  of  the  state, 
and  no  appropriation  shall  be  made  from  said  fund  to  any  district  for  the 
year  in  which  school  is  not  maintained  at  least  three  months. 

5  Neb.,  104. 

Sec.  8. — Educational  lands — Price. — University,  agricultural  college, 
common  school,  or  other  lands,  which  are  now  held,  or  may  hereafter  be 
acquired  by  the  state  for  educational  purposes,  shall  not  be  sold  for  less  than 
seven  dollars  per  acre,  nor  less  than  the  appraised  value. 

Sec.  9. — Funds  to  remain  inviolate. — All  funds  belonging  to  the  state 
for  educational  purposes,  the  interest  and  income  whereof  only  are  to  be 
used,  shall  be  deemed  trust  funds  held  by  the  state,  and  the  state  shall 
supply  all  losses  thereof  that  may  in  any  manner  accrue,  so  that  the  same 
shall  remain  forever  inviolate  and  undiminished;  and  shall  not  be  invested  or 
loaned  except  on  United  States  or  state  securities,  or  registered  county 
bonds  of  this  state;  and  such  bonds,  with  the  interest  and  income  thereof, 
are  hereby  solemnly  pledged  for  the  purpose  for  which  they  are  granted  and 
set  apart,  and  shall  not  be  transferred  to  any  other  fund  for  other  uses. 

Cited  15  Neb.,  610,  684.  16  Id.,  680.  25  Id.,  660.  39  Id.,  353.  41  Id.,  227.  66  Id., 
381. 

Sec.  10 — University. — The  general  government  of  the  University  of 
Nebraska  shall,  under  the  direction  of  the  legislature,  be  vested  in  a  board 
of  six  regents,  to  be  styled  the  Board  of  Regents  of  the  University  of  Nebraska, 
who  shall  be  elected  by  the  electors  of  the  state  at  large,  and  their  term  of 
office,  except  those  chosen  at  the  first  election  as  hereinafter  provided,  shall 
be  six  years.  Their  duties  and  powers  shall  be  prescribed  by  law,  and  they 
shall  receive  no  compensation,  but  may  be  reimbursed  their  actual  expenses 
incurred  in  the  discharge  of  their  duties. 
5  Neb.,  426.  17  Id.,  612. 


EDUCATION  1.9 

Sec.  11. — No  sectarian  instruction. — No  sectarian  instruction  shall  be 
allowed  in  any  school  or  institution  supported  in  whole  or  in  part  by  the 
public  funds  set  apart  for  educational  purposes;  nor  shall  the  state  accept 
any  grant,  conveyance,  or  bequest  of  money,  lands,  or  other  property,  to  be 
used  for  sectarian  purposes. 
65  Neb.,  877. 

Bible  reading  in  the  public  schools. — Chief  Justice  Sullivan  asserts  that  the  law  does  not 
forbid  the  use  of  the  Bible  in  public  schools.  The  point  where  the  courts  may  interfere  is  where 
the  use  of  the  Bible  in  a  public  school  has  degenerated  into  abuse,  where  a  teacher  instead  of 
giving  secular  instruction  had  violated  the  constitution  by  becoming  a  sectarian  propagandist. 
The  court  holds  that  whether  it  is  prudent  or  politic  to  permit  the  reading  of  the  Bible  in  the 
schools  is  a  question  for  the  school  authorities,  but  whether  the  practice  has  taken  the  form  of 
sectarian  instruction  is  a  question  for  the  courts  to  determine  upon  evidence.  Every  alleged  vio- 
lation must  be  established  by  competent  proof. 

Sec.  12. — Reform  schools. — The  legislature  may  provide  by  law  for  the 
establishment  of  a  school  or  schools  for  the  safe  keeping,  education,  employ- 
ment, and  reformation  of  all  children  under  the  age  of  sixteen  years  who, 
for  wantof  proper  parental  care,  or  other  cause,  are  growing  up  in  mendicancy 
or  crime. 


THE  SCHOOL  LAWS  OF  NEBRASKA. 


SUBDIVISION  I.— SCHOOL  DISTRICTS. 

Section  1.— (11500*)— "School  district"  defined.— The  term  school 
district  as  used  in  this  chapter  is  declared  to  mean  the  territory  under  the 
jurisdiction  of  a  single  school  board  authorized  by  this  chapter.  The  term 
school  shall  be  construed  to  mean  a  school  under  the  jurisdiction  of  a  school 
board  authorized  by  this  chapter. 

Sec.  2. — (11501) — Body  corporate. — Every  duly  organized  school  dis- 
trict shall  be  a  body  corporate,  and  possess  all  the  usual  powers  of  a  corpora- 
tion for  public  purposes,  by  the  name  and  style  of  "school  district  number 

,  of county,"  and  in  that  name  may  sue  and  be  sued, 

purchase,  hold,  and  sell  such  personal  and  real  estate  as  the  law  allows. 

See  Sec.  8,  subdivision  3.  No  cause  of  action  will  accrue  to  school  district,  as  a  corpora- 
tion, against  county  superintendent  for  the  manner  in  which  he  may  exercise  his  discretion  in 
changing  the  boundaries  of  districts.  23  Neb.,  661.  See  11  Id.,  285.  12  Id.,  241.  22  Id.,  205. 
28  Id.,  254.  30  Id.,  363. 

Sec.  3. — (11502) — New  districts. — Each  organized  county  not  already 
divided  into  school  districts,  or  any  part  of  such  counties  not  so  divided, 
shall  be  divided  by  the  county  superintendent  into  as  many  school  districts 
as  may  be  necessary. 

Territory  not  hitherto  organized  into  school  districts  may  be  divided  at  the  discretion 
of  the  county  superintendent. 

Districts  should  be  limited  in  extent  by  the  distance  that  scholars  are  able  to  attend 
school.  9  Neb.,  366.  County  superintendent  has  exclusive  original  jurisdiction.  35  Neb., 
400.  51  Id.,  570. 

Sec.  4. — (11503) — Change  in  boundaries. — New  districts  may  be  formed 
from  other  organized  districts,  and  boundaries  of  existing  districts  may  be 
changed,  under  the  following  conditions  only: 

First — Discretion  of  county  superintendent  to  create  a  new  district. — 
The  county  superintendent  shall  have  discretionary  power  to  create  a  new 
district  from  other  organized  districts  upon  a  petition  signed  by  one-third  of 
the  legal  voters  in  each  district  affected. 

Second — Discretion  of  county  superintendent  to  change  boundaries. — 
The  county  superintendent  shall  have  discretionary  power  to  change  the 
boundaries  of  any  district  upon  petitions  signed  by  one-half  of  the  legal 


*Numbers  in  parentheses  refer  to  the  section  numbers  of  Cobbey's  Annotated  Statutes 
of  Nebraska,  1909. 


22  NEBRASKA  SCHOOL  LAWS  [Subdiv.  1 

voters  in  each  district  affected.  He  shall  also  have  discretionary  power 
to  annex  to  any  existing  district  any  territory  not  organized  into  districts, 
upon  petitions  signed  by  one-half  of  the  legal  voters  in  the  said  district  and 
in  the  said  territory  proposed  to  be  annexed;  Provided,  That  upon  the  peti- 
tion of  any  freeholder  or  freeholders  to  a  Board  consisting  of  the  county 
superintendent,  county  clerk  and  county  treasurer,  asking  to  have  any  land 
described  therein  set  off  from  the  district  in  which  it  is  situated  and  attached 
to  some  other  district,  which  petition  shall  show  that  the  land  therein  de- 
scribed is  owned  by  said  petitioner  or  petitioners,  and  that  said  land  joins  the 
district  to  which  it  is  to  be  attached;  which  petition  shall  also  state  the  reasons 
for  such  proposed  change,  and  no  change  shall  be  made  unless  it  is  shown 
that  the  territory  proposed  to  be  attached  has  children  of  school  age  residing 
thereon  with  their  parents  or  guardians,  that  they  are  each  more  than  two 
miles  from  the  school  house  in  their  own  district  and  at  least  one-half  mile 
nearer  to  the  school  house  in  the  adjoining  district,  said  distance  to  be  meas- 
ured by  the  shortest  route  possible  upon  section  lines  or  traveled  roads  open 
to  the  public,  and  shall  be  verified  by  the  oath  of  the  petitioner  or  petitioners; 
said  board  may  thereupon  change  the  boundaries  of  the  district  so  as  to  se 
off  the  land  described  in  said  petition  and  attach  it  to  such  adjoining  dis- 
trict as  is  called  for  in  the  petition  whenever  they  shall  deem  it  just  and  proper 
and  for  the  best  interest  of  the  petitioner  or  petitioners  so  to  do. 

The  consolidation  of  school  districts  is  one  of  the  most  important  and  delicate  of  the 
superintendent's  duties,  always  to  be  performed  with  great  care  and  deliberation.  It  must 
not  be  confused  with  the  discretionary  power  of  the  superintendent  to  create  a  new  district 
from  other  organized  districts  upon  petition  signed  by  one-third  of  the  legal  voters  in  each 
district  affected.  See  condition  first,  section  4,  subdivision  1.  The  creation  of  a  new  district 
under  this  provision  will  not  permit  the  discontinuance  of  any  district.  The  consolidation  of 
school  districts  contemplates  the  discontinuance  of  one  or  more  districts  every  time  a  con- 
solidation is  perfected.  "One  district  may  be  DISCONTINUED  and  its  territory  attached 
to  other  adjoining  districts  (or  district),  upon  petitions  signed  by  one-half  of  the  legal  voters 
in  each  district  affected."  See  fourth  condition,  section  4,  subdivision  1. 

It  must  be  remembered  that  the  petitions  for  the  consolidation  of  two  or  more  school 
districts  shall  contain  an  exact  statement  of  what  changes  in  district  boundaries  are  proposed. 
The  notices  of  said  petition  shall  be  likewise  specific  relative  to  changes  proposed.  Said  notices 
shall  be  posted  in  three  public  places,  one  of  which  places  shall  be  upon  the  outer  door  of  the 
schoolhouse,  if  there  be  one,  in  each  district  affected,  or  territory  not  organized  into  districts 
proposed  to  be  attached  to  an  existing  district,  at  least  ten  (10)  days  prior  to  the  time  of  pre- 
senting the  petitions  to  the  county  superintendent;  provided,  that  changes  affecting  cities 
(districts  organized  under  subdivision  14,  14a,  or  17)  shall  be  made  upon  the  petition  of  the 
board  of  education  of  the  district  or  districts  affected. 

Suppose  districts  Numbers  1,  2,  3  and  4  of  a  certain  county  desire  to  consolidate  with 
district  No.  5.  Separate  petitions  must  be  circulated  in  each  of  these  districts,  1,  2,  3  and  4, 
asking  to  be  discontinued  and  to  have  its  territory  attached  to  district  No  5,  which  district 
shall  retain  its  old  number.  Four  separate  petitions  must  also  be  circulated  in  district  No.  5; 
one  asking  that  the  territory  in  district  No.  1  be  attached  to  district  No.  5;  one  asking  that 
the  territory  in  district  No.  2  be  attached  to  district  No.  5;  one  asking  that  the  territory 
in  district  No  3  be  attached  to  district  No.  5;  and  one  asking  that  the  territory  in  district  No. 
4  be  attached  to  district  No.  5.  This  plan  is  somewhat  cumbersome,  it  is  true,  but  under  the 
existing  statute  it  is  the  only  legal  way.  The  consolidated  district  shall  take  the  number  of 
the  said  district  No.  5,  and  be  under  the  control  of  its  officers  until  the  annual  meeting,  when 
it  may  organize  as  a  high  school  district,  provided,  it  contains  more  than  one  hundred  and 
fifty  children  between  the  ages  of  five  and  twenty-one  years.  See  section  1,  subdivision  6, 
School  Laws. 

The  limits  to  which  consolidation  may  be  carried  is  left  to  the  good  judgment  and  dis- 
cretion of  the  county  superintendent.  Every  consolidation  of  school  districts  must  be  deter- 
mined by  the  circumstances  and  conditions  surrounding  it.  The  only  manner  by  which  free 
transportation  of  pupils  may  be  obtained  is  according  to  the  statute  given  in  sections  4b  and 
4c,  subdivision  5,  School  Laws. 

Where  several  districts  are  consolidated,  the  new  district  not  only  becomes  invested 
with  the  property  rights  of  the  former,  but  also  becomes  answerable  for  their  debts.  This 
includes  bonded  indebtedness  as  well  as  all  other  obligations.  For  the  court's  decision  and 
exposition  of  the  law  on  this  question,  see  15  Nebraska  Reports,  pages  1  to  7,  inclusive. 

After  several  districts  have  been  consolidated,  any  property  which  shall  no  longer  be1 
needed  for  the  use  of  the  new  district  may  be  sold  by  the  district  board  of  such  district  when 
authorized  and  directed  by  a  two-thirds  vote  of  the  qualified  voters  present  and  voting  at 
any  annual  or  special  meeting;  and  when  real  estate  is  sold  the  district  may  convey  the  same 


Subdiv.   1]  SCHOOL  DISTRICTS  23 

by  deed,  signed  by  the  moderator  of  the  district,  and  such  deed,  when  acknowledged  by  such 
officer  to  be  the  act  of  the  district,  may  be  recorded  in  the  office  of  the  recorder  of  deeds  of  the 
county  in  which  the  real  estate  is  situated,  in  like  manner  as  other  deeds. 

Discretion  of  county  superintendent.  23  Neb.,  659.  25  Id.,  200.  Discretion  of 
county  superintendent  will  not  be  controlled  by  mandamus;  appeal  lies  from  his  decision  to 
district  court.  25  Neb.,  405.  Cited  18  Id.,  648.  Notices  indispensable.  Contents  of  affi- 
davit; time  and  place  should  appear.  31  Neb.,  424.  When  territory  is  to  be  attached  writ- 
ten notice  and  petition  should  be  given.  28  Neb.,  485.  Proviso  in  paragraph  7  confined  to 
what  immediately  precedes  it.  Notice  in  accordance  with  paragraph  3  necessary.  9  Neb., 
331.  39  Id.,  391. 

As  many  petitions  must  be  presented  as  there  are  districts  affected.  Before  making 
the  division,  the  county  superintendent  should  employ  all  the  legitimate  means  within  his 
reach  to  satisfy  himself  that  a  legal  majority  of  the  voters  in  the  district  have  signed  a  peti- 
tion; and  it  would  be  well  to  move  deliberately  in  the  matter,  allowing  parties  interested 
opportunity  to  know  what  is  proposed  to  be  done. 

The  law  does  not  provide  for  striking  off  a  part  of  a  district  without  annexing  it  to  some 
other. 

The  superintendent  may  require  the  signer  to  erase  his  name  from  one  of  the  papers  if 
the  same  name  appear  upon  different  papers.  When  petitions  asking  contrary  things  arc 
presented,  the  county  superintendent  should  do  nothing  till  some  course  is  agreed  upon  by 
P3titioners. 

Third — Shall  not  refuse  the  petition  of  two-thirds. — The  county  super- 
intendent shall  not  refuse  to  change  the  boundary  line  of  any  district,  or 
to  organize  a  new  district,  when  he  shall  be  asked  to  do  so  by  a  petition  from 
each  school  district  affected  signed  by  two-thirds  of  all  the  legal  voters  in 
such  district,  nor  to  annex  to  an  existing  district  any  territory  not  organized 
into  districts  when  asked  so  to  do  by  petitions  signed  by  two-thirds  of  the 
legal  voters  of  the  said  existing  district  and  the  said  territory  proposed  to  be 
attached.  A  notice  of  said  petition  containing  an  exact  statement  of  what 
changes  in  district  boundaries  are  proposed,  and  when  the  petition  is  to  be 
presented  to  the  county  superintendent,  shall  be  posted  in  three  public 
places,  one  of  which  places  shall  be  upon  the  outer  door  of  the  schoolhouse, 
if  there  be  one,  in  each  district  affected,  or  territory  not  organized  into  dis- 
tricts proposed  to  be  attached  to  an  existing  district,  at  least  ten  (10)  days 
prior  to  the  time  of  presenting  the  petition  to  the  county  superintendent. 
Provided,  That  on  January  2,  1910,  any  territory  which  is  not  then  a  part  of 
any  school  district  shall,  by  the  county  superintendent  of  the  county  in 
which  such  territory  lies,  either  be  organized  into  new  districts  or  attached  to 
one  or  more  adjoining  districts.  Provided  further,  that  changes  affecting 
cities  shall  be  made  upon  the  petition  of  the  board  of  education  of  the  dis- 
trict or  districts  affected. 

Fourth. — Two  districts  made  from  one. — Two  districts  may  be  made 
from  one  by  the  county  superintendent  upon  a  petition  from  each  district 
proposed  signed  by  a  majority  of  the  voters  in  each  district  proposed.  One 
district  may  be  discontinued,  and  its  territory  attached  to  other  adjoining 
districts,  upon  petitions  signed  by  one-half  of  the  legal  voters  in  each  district 
affected. 

Fifth — List  of  voters. — A  list  or  lists  of  all  the  legal  voters  in  each  district 
(or  territory)  affected,  made  under  the  oath  of  a  resident  of  each  district  (or 
territory)  affected,  together  with  an  oath  of  a  resident  of  each  district 
(or  territory),  that  the  legal  notice  provided  for  in  the  third  clause  of 
this  section  has  been  properly  posted,  shall  be  given  to  the  county  superin- 
tendent when  the  petition  is  presented.  By  legal  voters  is  herein  meant  all 
who  are  legal  voters  at  an  election  for  school  district  officers. 


24  NEBRASKA  SCHOOL  LAWS  [Subdiv.   1 

Sixth — New  district,  when  formed. — No  new  district  shall  be  formed 
between  the  first  Tuesday  of  April  and  the  first  day  of  October. 

This  does  not  apply  to  change  of  boundaries  nor  to  consolidation  of  districts. 

Seventh — Extent  of  district. — No  new  district  shall  be  formed  con- 
taining less  than  four  (4)  sections  of  land,  nor  shall  any  district  be  reduced 
by  division  or  otherwise  so  as  to  contain  less  than  that  amount,  unless  the 
district  so  formed,  or  the  part  of  a  district  remaining  after  division,  shall 
have  an  assessed  valuation  of  property  of  not  less  than  fifteen  thousand 
($15,000)  dollars;  Provided,  That  when  streams  of  water  courses  make  it 
impracticable  to  form  districts  containing  four  sections,  then  the  county 
superintendent  may  form  districts  with  less  than  four  sections  without  regard 
to  valuation.  When  streams  of  water  make  it  impractible  for  children  to 
attend  school  in  their  own  district,  the  county  superintendent  shall  have 
authority,  and  it  shall  be  his  duty,  when  requested  by  the  parents  or  guardians 
of  such  children,  to  attach  to  adjoining  districts  such  territory  as  he  may 
deem  necessary  for  the  purpose  of  giving  said  children  school  privileges.  When 
a  district  is  reduced  in  size  by  the  annexation  of  a  part  of  its  territory  to  a 
city  district  as  provided  by  law,  or  when  a  portion  of  a  district  is  cut  off  from 
school  privileges  by  a  river's  changing  its  channel,  so  that  such  part  remain- 
ing after  such  annexation  or  the  said  portion  so  cut  off  by  change  of  a  river 
channel  shall  contain  less  than  two  sections  of  land  and  fewer  than  twenty 
(20)  persons  of  school  age,  the  county  superintendent  shall  have  authority, 
and  it  shall  be  his  duty  to  attach  such  remainder  or  portion  to  adjoining 
districts,  provided  this  can  be  so  done  that  no  pupil  is  such  remainder  or 
portion  shall  be  more  than  two  and  one-half  miles  from  the  nearest  school- 
house  in  the  district  in  which  such  pupil  is  so  placed. 

Eighth — Petitions  filed. — The  county  superintendent  shall  file  in  his 
office  all  petitions  that  have  been  granted  for  change  of  boundaries  or  for 
the  formation  of  new  districts,  and  such  petition  shall  be  prima  facie  evidence 
of  the  boundaries  of  districts;  and  all  conflicting  records  of  boundaries  shall 
be  made  to  correspond  with  the  petitions  so  filed.  [Amended  1909.] 

Sec.  4a. — (11529) — Three  sections  or  less. — When  any  school  district 
has  only  three  sections  of  land  or  less  than  three  sections  of  land  the  county 
superintendent,  county  clerk  and  county  board  shall  have  authority  and  it 
shall  be  their  duty,  upon  petition  of  the  district  board  or  board  of  education 
of  such  school  district,  to  make  such  changes  in  the  boundaries  of  such 
district  and  of  any  or  all  districts  contiguous  thereto  as  in  their  judgment 
will  be  just  and  equitable. 

Sec.  5. — (11504) — Notice  to  taxable  inhabitant. — Whenever  the  county 
superintendent  of  any  county  shall  form  a  new  district,  it  shall  be  the  duty 
of  the  said  superintendent  to  deliver  to  a  taxable  inhabitant  of  such  district 
a  notice  in  writing  of  the  formation  of  such  district,  describing  its  boundaries, 
and  specifying  the  time  and  place  of  holding  the  first  meeting,  which  notice, 
with  the  fact  of  such  delivery,  shall  be  entered  upon  the  record  by  the  super- 
intendent. 

The  record  should  contain  a  minute  detail  of  all  proceedings  in  relation  to  the  forma- 
tion of  the  new  district  and  of  the  amount  justly  due  the  new  from  the  old  district  out  of  which 
it  may  have  been  formed.  6  Neb.,  545. 


Subdiv.   1]  SCHOOL  DISTRICTS  25 

Sec.  6. — (11505) — Notice  to  voters. — The  said  notice  shall  also  direct 
such  inhabitant  to  notify  every  qualified  voter  of  such  district,  either  person- 
ally or  by  leaving  a  written  notice  at  his  or  her  place  of  residence,  of  the  time 
and  place  of  holding  said  meeting,  at  least  five  days  before  the  time  appointed 
therefor;  and  it  shall  be  the  duty  of  each  inhabitant  to  notify  the  qualified 
voters  of  said  disrtict  accordingly. 

Every  qualified  voter  should  be  notified;  but  a  failure  to  notify  one  or  more  would  not 
invalidate  the  action  of  the  meeting  unless  fraud  could  be  shown.  (See  section  8.)  Fr>r  defi- 
nition of  "qualified  voter,"  see  sections  4  and  5  of  subdivision  II. 

Sec.  7. — (11506) — Return  of  notice. — The  said  inhabitant,  when  he 
shall  have  notified  the  qualified  voters  as  required  in  said  notice,  shall 
endorse  thereon  a  return,  showing  such  notification  with  the  date  or  dates 
thereof,  and  deliver  such  notice  and  return  to  the  chairman  of  the  meeting. 

Sec.  8. — (11507) — Record  of  notice,  return,  and  organization. — The  said 
chairman  shall  deliver  such  notice  and  return  to  the  director  chosen  at  such 
meeting,  as  hereinafter  provided,  who  shall  record  the  same  at  length  in  a 
book,  to  be  provided  by  him  at  the  espense  of  the  district,  as  a  part  of  the 
records  of  such  district,  which  records  shall  be  prima  facie  evidence  of  the 
facts  therein  set  forth  and  of  the  legality  of  all  proceedings  in  the  organiza- 
tion of  the  district  prior  to  the  first  district  meeting,  but  nothing  in  this 
section  contained  shall  be  so  construed  as  to  impair  the;  effect  of  the  record 
kept  by  the  county  superintendent  as  evidence. 

Sec.  9. — (11508) — Division  of  district  property. — When  a  new  district 
is  formed  in  whole  or  in  part  from  one  or  more  districts  possessed  of  a  school 
house  or  other  property,  the  county  superintendent,  at  the  time  of  forming 
such  new  district,  or  as  soon  thereafter  as  may  be,  shall  ascertain  and  deter- 
mine the  amount  justly  due  such  new  district  from  any  district  or  districts 
out  of  which  it  may  have  been  in  whole  or  in  part  formed,  which  amount 
shall  be  ascertained  and  determined  as  nearly  as  practicable  according  to 
the  relative  value  of  the  taxable  property  in  the  respective  parts  of  such 
former  district  or  districts  at  the  time  of  such  division,  and  the  fact  that  such 
schoolhouse  or  other  property  is  not  paid  for  shall  not  deprive  such  new 
district  of  its  proportionate  share  of  the  value  thereof;  Provided,  That  such 
new  district  shall  remain  bound  for  such  indebtedness  to  the  same  extent  as 
though  the  new  district  had  not  been  formed;  unless  in  case  of  indebtedness 
not  bonded  the  same  shall  be  adjusted  as  hereinafter  provided. 

The  division  of  school  districts  and  school  property  is  one  of  the  most  important  and 
delicate  of  the  superintendent's  duties,  always  to  be  performed  with  care  and  deliberation. 
The  division  of  property  should  be  made  when  the  district  is  divided,  or  as  soon  as  possible 
thereafter.  Where  there  are  debts,  which  must  be  paid  by  the  old  district,  they  should  be 
taken  into  account  in  the  division  of  property.  The  superintendent  must  use  his  best  judg- 
ment in  estimating  the  value  of  school  property,  keeping  in  mind  that  the  law  requires  him 
to  "ascertain  and  determine  the  amount  justly  due"  to  the  new  district.  Section  11  states 
clearly  how  this  money  is  to  reach  the  treasury  of  the  new  district. 

In  applying  sections  9  and  11  to  the  division  of  a  district  which  is  bonded,  it  must  be 
remembered  that  the  bonds  are  of  the  nature  of  a  mortgage  on  all  the  land  and  property  of 
the  original  district,  and  that  this  incumbrance  cannot  be  removed  from  any  part  of  it  by  the 
division.  54  Neb.,  171. 

When  the  division  of  a  district  has  been  completed  by  a  county  superintendent,  his 
successor  cannot  re-open  and  adjust  it  again;  but  a  superintendent  who  finds  out  that  he  has 
made  a  serious  mistake  may  correct  such  mistake  within  reasonable  time. 

To  divide  a  joint  district  the  same  formalities  are  requisite  as  in  any  other.  A  peti- 
tion should  be  presented  to  the  superintendent  of  each  county  affected. 

Debts  of  a  district  cannot  be  divided  and  apportioned  without  the  consent  of  creditors. 

After  the  division,  the  old  district  has  no  authority  to  use  property  or  funds  to  which 


26  NEBRASKA  SCHOOL  LAWS  [Subdiv.   1 

the  new  one  is  entitled.  4  Neb.,  267.  Where  there  is  no  finding  or  determination  whatever 
by  the  superintendent  as  to  property  of  any  kind  retained  by  a  district  out  of  which  a  new 
district  was  formed,  his  certificate  to  the  county  clerk,  stating  the  amount  of  tax  to  be  ^levied 
on  the  old  district  to  be  paid  to  the  new  when  collected,  is  a  nullity.  6  Neb.,  539.  Certifi- 
cate of  superintendent  of  amount  found  due,  sufficient  to  authorize  levy  of  tax..  12  Neb., 
327.  See  also,  13  Id.,  177.  17  Id.,  177.  19  Id.,  485. 

Sec.  10. — (11509)— Amount  due  in  installments. — If  such  old  district 
shall  be  subject  to  any  bonded  indebtedness,  and  the  amount  to  which  such 
new  district  shall  be  entitled  on  account  of  any  such  property  shall  not  exceed 
its  proportionate  share  of  such  bonded  indebtedness,  the  amount  to  which 
such  new  district  shall  be  entitled  as  aforesaid  shall  be  apportioned  so  as  to 
come  due  in  installments  proportionately  at  such  times  as  the  original  in- 
debtedness shall  become  due  to  the  creditors  of  the  old  district. 

Sec.  11. — (11510) — Certificate  of  amount  due.- — The  amount  of  such 
proportion,  when  so  ascertained  and  determined,  shall  be  certified  to  by  the 
county  superintendent  to  the  county  clerk,  who  shall  present  the  said  amount 
to  the  county  board  at  the  session  next  succeeding,  whose  duty  it  shall  be 
at  the  proper  time  or  times  to  assess  the  same  upon  the  taxable  property 
of  the  district  retaining  the  schoolhouse  or  other  property  of  the  former 
district,  in  the  same  manner  as  if  the  same  had  been  authorized  by  a  vote  of 
such  district,  and  the  money  so  assessed  shall  be  placed  to  the  credit  of  the 
new  district. 

The  artion  of  the  district  is  not  required  to  levy  the  tax  thus  made  necessary,  and  it 
is  beyond  its  control.  The  county  commissioners  are  the  proper  persons  to  levy  it. 

The  whole  amount  need  not  be  levied  at  once,  but  may  be  put  into  two  or  more  levies. 

Sec.  12. — (11511) — When  collected,  such  amount  shall  be  paid  over  to 
the  treasurer  of  the  new  district,  to  be  applied  to  the  use  thereof  in  the  same 
manner,  under  the  direction  of  its  proper  officers,  as  if  such  sum  had  been 
voted  and  raised  by  said  district  for  building  a  schoolhouse  or  other  district 
purposes. 

Sec.  13. — 11512) — Sale  of  schoolhouse. — Whenever,  by  the  division  of 
any  district,  the  schoolhouse  or  site  thereof  shall  no  longer  be  conveniently 
located  for  school  purposes,  and  shall  not  be  desired  by  the  district  in  which 
it  may  be  situated,  the  county  superintendent  of  the  county  in  which  such 
schoolhouse  and  site  shall  be  located  may,  when  ordered  by  the  district, 
advertise  and  sell  the  same  at  public  or  private  sale,  and  apportion  the  pro- 
ceeds; Provided,  That  when  sold  at  private  sale  such  sale  shall  not  be  binding 
until  approved  by  the  district  interested. 

For  errors  of  judgment  and  mistakes  in  the  performance  of  this  onerous  duty  the  super 
ntendent  is  not  pecuniarily  responsible,  unless  there  is  evidence  of  fraud.  The  superintendent 
should  take  ample  time  and  acquaint  himself  fully  with  the  facts. 

Sec.  14. — (11513) — Division  of  money. — The  money  arising  from  the 
sale  of  schoolhouse  and  site,  or  otherwise,  except  teachers'  fund  shall  be 
divided  among  the  several  districts  created  in  whole  or  in  part  from  the 
divided  districts  as  nearly  as  practicable  in  proportion  to  the  taxable  property 
of  the  districts  formed  in  whole  or  in  part  by  such  division. 

Sec.  15. — (11514) — Teachers'  fund. — Money  on  hand  belonging  to  the 
teachers'  fund  of  said  district  shall  be  divided  in  proportion  to  the  number 


Subdiv.  1]  SCHOOL  DISTRICTS  27 

of  scholars  in  each  district  at  the  time  of  said  division.  The  money  desig- 
nated in  this  and  the  preceding  section  shall  be  divided  at  once,  and  not  in 
the  manner  provided  in  section  11  of  this  subdivision. 

Money  on  hand  when  a  district  is  divided  is  to  be  treated  as  follows:  The  teachers' 
fund,  including  proceeds  of  tax  for  teachers'  wages  and  the  state  apportionment,  according  to 
section  15;  that  is,  in  proportion  to  the  number  of  children  in  the  district  at  the  time  of  divi- 
sion. The  remaining  funds  (both  in  county  and  district  treasury)  will  be  divided  according 
to  section  14;  that  is,  in  proportion  to  the  taxable  property  of  the  districts  concerned. 

When  a  county  superintendent  has  ordered  money  paid  by  one  district  to  another, 
and  the  district  neglects  or  refuses  to  pay  it,  the  treasurer  of  the  district  to  which  the  money 
is  due  may  apply  to  the  court  for  a  mandamus  to  compel  the  officers  of  the  delinquent  dis 
trict  to  pay  the  money. 

Sec.  16. — (11515) — Unbonded  indebtedness. — Whenever  a  new  district 
shall  be  organized  from  the  territory  of  a  former  district,  and  there  shall  be 
any  indebtedness  of  such  former  district  which  shall  not  be  bonded,  such 
unbonded  indebtedness  shall  be  taken  into  account  in  estimating  the  sum 
due  from  the  old  to  the  new  district  on  account  of  schoolhouse  or  other  prop- 
erty, and  such  new  district  shall  be  entitled  to  only  the  value  of  its  propor- 
tionate share  of  such  property  after  deducting  its  like  share  of  such  indebted- 
ness. * 

Where  several  districts  are  consolidated,  the  new  district  not  only  becomes  invested 
with  the  property  rights  of  the  former,  but  also  becomes  answerable  for  their  debts.  51  Neb.  1. 

Sec.  17. — (11516) — Report  of  change  in  boundaries. — Every  change  in 
district  boundary  lires  must  be  reported  as  soon  as  made  to  the  county  clerk 
and  the  county  treasurer  by  the  county  superintendent;  and  the  county 
superintendent  shall  keep  in  the  office  of  the  county  clerk  a  map  of  the  school 
districts  of  the  county,  which  map  shall  be  revised  as  often  as  the  boundary 
lines  of  districts  are  changed  or  new  districts  formed.  The  county  superin- 
tendent shall  also  report  to  the  county  treasurer  the  necessary  changes  to  be 
made  upon  the  tax  lists  of  the  county.  Upon  receiving  said  notification,  it 
shall  be  the  duty  of  the  county  treasurer  to  adjust  the  tax  list  of  the  county 
in  accordance  with  the  change  of  district  boundaries,  so  that  the  uncollected 
taxes  levied  upon  property  that  has  been  transferred  to  another  school  dis- 
trict, shall,  when  collected,  be  placed  to  the  credit  of  the  district  to  which 
such  property  has  been  transferred. 

Sec.  18. — (11517) — Unsatisfactory  division. — Whenever  a  district  is  dis- 
satisfied with  the  division  of  school  property  made  by  the  county  superin- 
tendent, the  points  in  dispute  may  be  referred  to  three  disinterested  persons, 
no  one  of  whom  shall  be  a  resident  of  either  district  interested  in  the  matter 
at  issue,  one  to  be  chosen  by  the  school  board  of  each  district,  and  these  two 
to  choose  a  third,  and  the  decision  of  any  two  of  them  shall  be  final. 

Sec.  19 — (11518)— Arbitration. — The  manner  of  proceeding  shall  be 
substantially  as  follows:  The  district  desiring  an  arbitration  shall  make  a 
demand  in  writing  of  the  county  superintendent  within  ten  days  after  said 
superintendent  has  made  his  award.  The  county  superintendent  shall  notify 
the  other  district  or  districts,  and  direct  them  to  cloose  arbitrators.  The 
county  superintendent  shall  appoint  a  time  and  place  for  the  hearing,  at 
which  the  arbitrators  shall  proceed  immediately  to  hear  and  determine  the 
matter  at  issue  according  to  justice  and  right,  taking  all  the  circumstances 
into  consideration. 


28  NEBRASKA  SCHOOL  LAWS  [Subdiv.  1 

Sec.  20. — (11519) — Award. — The  award  of  arbitrators  shall  be  in  writ- 
ing and  shall  be  filed  with  the  county  superintendent,  and  shall  be  final;  Pro- 
vided, That  if  no  award  is  made  by  the  committee  within  thirty  days  from  the 
day  of  arbitration,  the  division  made  by  the  county  superintendent  shall  be 
legal  and  valid. 

Sec.  21. — (11520) — Fees  of  arbitrators. — The  fees  for  such  arbitrators 
shall  be  as  follows:  Each  person  engaged  as  arbitrator  shall  receive  two 
dollors  per  day  during  the  time  necessarily  occupied,  to  be  paid  equally  by 
the  districts. 

Sec.  22. — (11521) — Joint  districts. — That  when  persons  living  in  two  or 
more  counties  desire  to  form  a  school  district,  it  shall  be  the  duty  of  the 
superintendents  of  the  respective  counties  to  authorize  the  said  persons  to 
organize  such  district,  and  the  reports  contemplated  in  this  chapter  shall  be 
made  to  the  superintendents  of  each  county,  parts  of  which  form  the  district, 
qf  such  property  or  children  as  may  be  within  the  limits  of  each  such 
organized  county. 

(DISMEMBERED  DISTRICTS.) 

Sec.  23. — (11522) — Less  than  three  voters  in  district. — In  case  the  num- 
ber of  legal  voters  in  any  district  becomes  less  than  three,  the  county  super- 
intendent shall  act  as  the  third  officer  of  such  district. 

Sec.  24. — (11523) — Same — Annexation  to  adjoining  district. — When  for 
a  continuous  period  of  one  year  a  district  shall  have  less  than  two  legal  voters 
residing  therein,  the  county  superintendent  may,  in  his  discretion,  annex  the 
said  district  to  one  or  more  adjoining  districts,  upon  petitions  signed  by  a 
majority  of  the  legal  voters  of  such  adjoining  district  or  districts;  Provided, 
That  if  any  school  district  shall,  for  two  consecutive  years,  fail  to  maintain 
a  public  school,  as  required  by  law  to  do,  it  shall  be  the  duty  of  the  county 
superintendent  of  the  county  in  which  such  district  lies,  to  attach  the  territory 
of  such  district  to  one  or  more  adjoining  school  districts.  [Amended  1909.] 

Sec.  25. — (11524) — Same — Dissolution — Procedure — Funds — When  for 
a  continuous  period  of  one  year  a  district  shall  have  less  than  two  legal 
voters  residing  therein,  (or)  for  a  period  of  two  consecutive  years  shall  fail 
or  neglect  to  maintain  its  district  organization,  it  shall  be  lawful,  upon  a 
petition  being  presented  for  that  purpose  by  the  resident  voter  of  said  district, 
or  by  the  county  superintendent  of  the  county  in  which  said  district  is  situated, 
for  any  court  of  competent  jurisdiction  of  said  county  to  authorize  the  county 
superintendent  of  the  county  in  which  said  district  is  located  to  close  up  the 
affairs  of  said  district.  Twenty  days  previous  to  any  action  on  the  part  of 
the  county  superintendent  notice  of  such  action  on  the  part  of  the  court  shall 
be  made  public  in  some  legal  newspaper  circulating  in  said  county.  The  said 
county  superintendent  thus  authorized  shall  have  power,  and  it  shall  be  his 
duty  to  take  possession  of  all  jschool  property  belonging  to  said  district.  If 
there  be  funds  belonging  to  said  district  in  the  hands  of  the  county  treasurer, 
the  county  superintendent  shall  proceed  to  pay  off  the  indebtedness  of  the 
d  strict,  issuing  orders  upon  the  county  treasurer  for  the  payment  of  such 
indebtedness.  If  there  be  no  funds  in  the  hands  of  the  county  treasurer  to 


Subdiv.  2]  DISTRICT  MEETINGS  29 

the  credit  of  said  district,  the  county  superintendent  shall,  upon  order  of  the 
court,  advertise  and  sell  at  public  auction  the  school  property  of  said  district, 
placing  the  money  thus  obtained  in  the  hands  of  the  county  tresaurer  to  the 
credit  of  the  aforesaid  district,  and  issue  orders  upon  it  as  above. 

Sec.  26. — (11525) — Debts — Taxes. — If  any  indebtedness  still  remain  un- 
paid, the  board  of  county  commissioners  of  said  county  shall  determine  the 
rate  of  taxation  necessary  to  pay  such  indebtedness,  and  shall  cause  such 
taxes  to  be  levied  upon  all  property  in  the  said  district  and  collected  as  other 
taxes. 

Sec.  27. — (11526) — Superintendent,  Bond. — Before  entering  upon  such 
duties,  the  county  superintendent  shall  execute  a  good  and  sufficient  bond 
to  the  people  of  the  State  of  Nebraska,  to  be  approved  by  the  judge  of  said 
court,  in  double  the  amount  of  the  value  of  all  property  which  in  the  opinion 
of  the  court  shall  be  entrusted  to  his  care. 

Sec.  28. — (11527) — Same — Report. — It  shall  be  the  duty  of  the  county 
superintendent  to  file  an  itemized  report  in  said  court,  showing  the  disposition 
of  all  property  and  money  received  by  him  in  the  said  transaction,  and  said 
report  shall  be  a  part  of  the  official  records  of  said  court. 

Sec.  29. — (11528) — Same — Compensation. — For  performing  the  duties 
hereby  imposed,  it  shall  be  lawful  for  the  court  to  award  to  the  county  super- 
intendent such  compensation  as  in  its  judgement  shall  be  just  and  right; 
and  such  amount  and  costs  of  court  shall  be  a  claim  against  said  district. 


SUBDIVISION  IL— DISTRICT  MEETINGS. 

Section  1. — (11530) — Annual  meeting. — The  annual  school  meeting  of 
each  school  district  shall  be  held  at  the  schoolhouse,  if  there  be  one,  or  at 
some  other  suitable  place  within  the  dsitrict,  on  the  last  Monday  of  June  of 
each  year.  The  officers  elected  as  hereinafter  provided  shall  take  possession 
of  the  office  to  which  they  have  been  elected  upon  the  second  Monday  of 
July,  and  the  school  year  shall  commence  with  that  day. 

No  authority  to  adjourn  election.     15  Neb.,  447.     Cited  33  Id.,  335.     See,  also,  32, 
Id.,  370. 

Sec.  2. — (11531) — Special  meeting. — Special  meetings  may  be  called  by 
the  district  board,  or  any  one  of  them,  on  the  written  request  of  any  five  legal 
voters  of  the  district,  by  giving  the  notice  required  in  the  next  succeeding 
section;  and  in  all  notices  of  special  meetings  the  object  of  the  meeting  shall 
be  stated,  and  no  business  shall  be  transacted  at  such  meetings  except  such 
as  is  mentioned  in  the  call. 


meeting. 

A  special  school  district  meeting  has  no  authority  to  determine  the  length  of  school  to 
be  held  in  the  district  the  ensuing  year,  nor  to  determine  at  what  time  in  the  year  such  term 
shall  be  held.  The  legal  action  of  the  annual  meeting  upon  these  subjects  is  final. 


30  NEBRASKA  SCHOOL  LAWS  [Subdiv.  2 

In  case  a  district  has  no  school  officers,  the  county  superintendent  should  call  a  special 
meeting  for  the  election  of  school  officers  upon  the  petition  of  five  legal  voters  of  said  district. 
In  case  there  are  not  five  legal  voters  in  said  district,  then  every  legal  voter  should  sign  the  peti- 
tion for  a  special  meeting.  If  said  voters  should  refuse  to  sign  such  petition,  then  the  county 
superintendent  should  apply  to  the  district  court  for  a  writ  of  mandamus  to  compel  such  voters 
to  make  legal  provision  for  school  in  such  district. 

A  majority  of  the  legal  voters  of  a  district,  at  a  special  meeting,  may  re-consider  their 
previous  action  at  a  special  meeting. 

Questions  which  can  be  determined  only  at  an  annual  meeting  cannot  be  changed  at  a 
special  meeting. 

No  business  can  be  transacted  at  a  special  district  meeting  except  that  specified  in  the 
call  for  said  meeting;  but  the  fact  of  doing  business  not  mentioned  in  the  call  does  not  invali- 
date action  with  reference  to  business  which  was  specified  in  the  call. 

The  names  of  the  five  persons  who  made  the  request  for  the  call  should  be  recorded  in 
the  minutes.  The  district  officers  may  constitute  three  of  the  five.  When  a  special  meeting 
adjourns  to  another  time,  new  notices  should  be  put  up;  but  a  failure  to  do  this  would  not  ren- 
der the  adjourned  meeting  illegal. 

An  annual  or  special  meeting  held  in  the  evening  (after  night)  would  not  be  illegal. 
One  copy  of  the  notice  of  school  district  meetings  should  be  posted  upon  the  schoolhouse  door. 

Sec.  3. — (11532) — Notices,  Contents. — All  notices  of  annual  or  special 
meetings,  after  the  first  meeting  has  been  held  as  hereinbefore  provided,  shall 
state  the  day,  hour  and  place  of  meeting,  which  place  shall  be  within  the 
district,  and  shall  be  given  at  least  fifteen  days  previous  to  such  meeting,  by 
posting  up  copies  thereof  in  three  public  places  within  the  district;  but  no 
annual  meeting  shall  be  deemed  illegal  for  want  of  such  notice.  No 
schoolhouse  site  shall  be  changed  nor  taxes  voted  for  building,  purchase  or 
lease  of  a  schoolhouse  at  any  district  meeting  unless  notices  shall  have  been 
given  of  such  meeting  as  above  provided,  including  therein  the  fact  that  such 
subjects  will  then  be  considered. 

The  official  certificate  of  the  director  of  a  school  district  that  notice  of  a  certain  special 
school  meeting  held  in  said  district  was  given  by  posting  up  notices  of  said  meeting  twenty 
days  before  the  holding  thereof,  in  three  of  the  most  public  places  in  said  district,  which  cer- 
tificate was  introduced  and  received  in  evidence  under  a  stipulation  of  parties,  in  which  it  was 
recited  that  such  "stipulation  is  for  the  purpose  of  using  the  same  as  testimony,  instead  of  the 
plaintiff  or  defendant  being  obliged  to  take  depositions  to  prove  the  same,"  held,  to  be  evi- 
dence of  the  due  publication  of  the  notice  of  the  calling  of  such  special  school  meeting.  21 
Neb.,  725. 

Sec.  4. — (11533) — Voters,  qualifications. — Every  person,  male  or  female, 
who  has  resided  in  the  district  forty  days  and  is  twenty-one  years  old  and  who 
owns  real  property  or  personal  property  that  was  assessed  in  the  district  in 
his  or  her  name  at  the  last  annual  assessment,  or  who  has  children  of  school 
age  residing  in  the  district,  shall  be  entitled  to  vote  at  any  district  meeting 
or  school  election  held  in  any  district,  village,  or  city;  Provided,  That  all 
electors  at  school  elections  held  in  cities  where  registration  of  voters  is  re- 
quired shall  comply  with  the  provisions  of  such  registration  law  before  they 
shall  be  entitled  to  vote. 

*A  person  who  owned  property  in  a  school  district  on  April  1  preceding  the  election, 
which  property  was  subject  to  assessment,  has  the  property  qualification  for  a  voter  at  school 
election. 

Penalty  for  illegal  voting. — This  act  provided  that  any  person  who  shall  vote  in  any  school 
district  in  this  state  in  which  he  has  not  actually  resided  ten  days,  or  such  length  of  time  as  required 
by  law,  next  preceding  the  election,  or  into  which  he  shall  have  come  for  temporary  purnoses  merely, 
shall,  on  conviction  thereof,  be  fined  in  any  sum  not  less  than  twenty-five  ($25)  d»-  lars  or  more 
than  one  hundred  ($100)  dollars,  or  be  imprisoned  in  the  jail  of  the  proper  county  not  more  than 
six  months. 

Any  person  who  has  resided  in  the  district  forty  days  and  is  twenty-one  years  old,  and 
who  owns  personal  property  that  was  assessed  in  the  district  in  his  or  her  own  name  at  the  last 
annual  assessment,  is  entitled  to  vote  at  any  district  meeting.  The  law  places  no  limit  as 
to  the  amount  of  taxable  property  necessary  to  entitle  the  holder  to  vote.  The  chairman  of 
the  meeting  has  no  right  to  demand  the  production  of  tax  receipts  by  persons  offering  to  vote. 

The  ownership  of  real  property,  which  confers  the  right  to  vote  at  a  district  meeting, 
must  be  an  actual  and  present  ownership  such  as  would  entitle  the  voter  to  the  use  and  con- 

*The  decisions  under  section  4  are  decisions  which  apply  to  all  school  districts. 


Subdiv.  2]  DISTRICT  MEETINGS  31 

trol  of  the  property  in  question.  A  prospective  or  contingent  right,  like  that  of  dower  or 
curtesy,  would  not  constitute  such  ownership  as  this  statute  requires.  Important  recent 
decisions  of  our  supreme  court  declare  the  right  of  dower  to  be  a  "charge  or  incumbrance" 
upon  the  property,  similar  in  its  effect  to  a  mortgage  or  lien.  This,  however,  would  not  en 
title  the  holder  of  such  a  right  to  be  considered  as  a  voter,  any  more  than  would  the  holding  of 
a  mortgage  confer  such  a  right  upon  the  mortgagee.  Therefore,  a  wife  who  has  no  children 
of  school  age  and  owns  no  real  property  in  her  own  name  and  no  personal  property  assessed 
in  her  name  at  the  last  annual  assassment,  would  not  become  a  legal  voter  by  virtue  of  her 
husband's  ownership  of  such  property,  although  she  possesses  the  requisite  qualifications  of 
age  and  residence;  nor  would  the  husband  become  a  voter  simply  by  virtue  of  his  wife's  owner 
ship  of  such  property. 

The  courts  have  repeatedly  held  that  a  homesteader  is  a  "freeholder"  within  the  mean 
ing  of  that  term  as  used  elsewhere  in  the  statutes.  This  clearly  implies  ownership  of  the  land 
such  as  would  entitle  him  to  vote  at  an  annual  meeting  under  the  statutory  provision  em- 
braced in  the  words  "who  owns  real  property  in  the  district." 

A  young  lady  twenty-one  years  of  age  who  holds  a  homestead  is  a  voter  at  the  annual 
meeting. 

The  homesteader  votes  in  the  district  of  his  homestead,  and  not  in  the  district  in  which 
he  may  be  temporarily  working. 

"Any  person  who  shall  vote  in  any  school  district  in  this  state  in  which  he  has  not  legally 
resided  ten  days,  or  such  length  of  time  as  required  by  law,  next  preceding  the  election,  or 
into  which  he  shall  have  come  for  temporary  purposes  merely,  shall,  upon  conviction  thereof, 
be  fined  in  any  sum  not  less  than  twenty-five  dollars  nor  more  than  one  hundred  dollars,  or  be 
imprisoned  in  the  jail  of  the  proper  county  not  more  than  six  months."  Section  7846,  Grim 
inal  Code,  Compiled  Statutes  of  Nebraska  for  1903. 

A  person  living  in  unorganized  territory  has  no  vote  at  school  meetings  in  any  district 
by  reason  of  having  property  in  said  district.  Residence  is  one  of  the  qualifications  neces 
sary  to  be  a  voter. 

A  person  having  all  the  necessary  qualifications  to  vote  at  an  annual  st  hool  district 
meeting  may  not  be  debarred  from  voting  from  the  fact  that  he  was  not  in  the  district  the 
prescribed  number  of  days  just  preceding  the  election,  when  it  was  known  that  he  was  out 
of  the  district  temporarily  and  that  his  permanent  home  is  in  the  district. 

Section  11533,  Cobbey's  Annotated  Statutes,  confers  upon  women  having  the  neces 
sary  qualifications  the  right  to  vote  at  any  school  district  meeting  or  school  election  held  in 
any  district,  village  or  city.  This  statute  also  confers  upon  women  possessing  such  quali 
cations  the  right  to  vote  at  primaries  held  in  cities  for  the  nomination  of  members  of  boards 
of  education. 

An  alien,  male  or  female,  who  possesses  all  of  the  qualifications  relative  to  age,  resi 
dence  and  ownership  of  property,  or  having  children  of  school  age,  is  a  voter.  The  matter 
of  being  an  alien  does  not  enter  into  the  question. 

To  acquire  a  domicile  or  residence  in  a  school  district,  two  things  are  necessary:  the 
fact  9f  a  residence  in  a  place,  and  the  intent  to  make  it  a  home.  A  domicile  or  residence  once 
acquired  remains  until  a  new  one  is  acquired.  Mere  intention  to  remove  without  the  fait 
of  removing  will  not  change  the  domicile;  nor  will  the  fact  of  removal  without  the  intention 
to  change  the  residence.  A  person  once  established  in  any  place,  the  presumption  of  resi 
dence  continues  unless  rebutted,  and  the  burden  of  proof  is  upon  the  party  alleging  the  same. 

In  general,  where  a  man  lives  or  claims  his  home,  and  where  he  enjoys  the  privileg6 
of  a  resident  citizen,  may  be  considered  his  place  of  residence.  In  all  cases  a  man  must  proye 
his  intention  as  to  the  place  of  his  residence;  if  he  removes  his  family  and  goods  from  the  dis 
trict,  and  it  can  be  proved  that  he  intends  to  claim  his  residence  in  some  other  place,  he  is 
no  longer  a  resident  of  the  district.  A  homesteader  can  have  no  residence  except  in  the  dis 
trict  in  which  his  homestead  is  located.  Justice  Maxwell  says:  "That  place  will  be  (on 
sidered  the  residence  of  the  person  in  which  his  habitation  is  fixed,  without  any  present  inten 
tion  of  removing  therefrom,  and  to  which,  whenever  he  is  absent,  he  has  the  intention  of 
returning." 

Women  may  vote  and  hold  office  in  school  districts.     15  Neb.,  477. 

Sec.  5. — (11534)— Challenge. — If  any  person  offering  to  vote  at  a  school 
district  meeting  shall  be  challenged  as  unqualified  by  any  legal  voter  in  such 
district,  the  chairman  presiding  at  such  meeting  shall  declare  to  the  person 
challenged  the  qualifications  of  a  voter,  and  if  such  person  shall  state  that  he 
or  she  is  qualified,  and  the  challenge  shall  not  be  withdrawn,  the  said  chair- 
man shall  administer  to  him  or  her  an  oath  in  substance  as  follows:  "You 
do  solemnly  swear  (or  affirm)  that  you  are  twenty-one  years  of  age,  that  you 
have  resided  in  this  school  district  for  forty  days  last  past,  that  you  own 
real  property  in  the  district,  or  personal  property  that  was  assessed  in  your 
name  [in  this  district]  at  the  last  assessment  or  have  children  of  school  age 


32  NEBRASKA  SCHOOL  LAWS  [Subdiv.  2 

residing  in  the  district,  so  help  you  God."     And  every  person  taking  such 
oath  shall  be  permitted  to  vote  on  all  questions  proposed  at  such  meeting. 

Sec.  6. — (11535) — Rejection  of  vote. — If  any  person  so  challenged  shall 
refuse  to  take  such  oath,  his  or  her  vote  shall  be  rejected,  and  any  person  who 
shall  wilfully  take  a  false  oath,  or  make  a  false  affirmation  under  the  provi- 
sions of  the  preceding  section  shall  be  deemed  guilty  of  perjury,  and  be  pun- 
ished accordingly. 

Sec.  7. — (11536) — Challenge. — When  any  question  is  taken  in  any  other 
manner  than  by  ballot,  a  challenge  immediately  after  the  vote  has  been  taken, 
and  previous  to  an  announcement  of  the  vote  by  the  chair,  shall  be  deemed  to 
be  made  when  offering  to  vote,  and  treated  in  the  same  manner. 

Sec.  8.— (11537) — The  qualified  voters  in  the  school  district,  when  law- 
fully assembled,  shall  have  power  to  adjourn  from  time  to  time,  as  may  be 
necessary,  to  designate  a  site  for  a  school  house,  by  a  vote  of  two-thirds  of 
those  present,  and  to  change  the  same  by  a  similar  vote  at  any  annual  meet- 
ing; Provided,  that  in  any  school  district  where  the  school  house  is  located 
three-fourths  of  one  mile  or  more  from  the  center  of  such  district,  such 
school  house  site  may  be  changed  to  a  point  nearer  the  center  of  the  district 
by  a  majority  vote  of  those  present  at  any  such  school  meeting;  And,  provided, 
further,  That  in  any  school  district  containing  more  than  one  hundred  and 
fifty  children  between  the  ages  of  five  and  twenty-one  years  and  having  a 
district  board  of  six  trustees,  the  school  house  site  therein  may  be  changed 
and  the  purchasing  of  a  new  site  directed,  either  or  both,  at  any  annual  or 
special  meeting,  by  a  two-thirds  vote  of  those  present  at  any  such  meeting. 

When  a  school  district  has  held  open,  notorious,  and  adverse  possession  of  a  certain 
schoolhouse  site  for  a  period  of  ten  years  or  more,  there  is  no  doubt  that  such  site  is  the  legal 
site  of  the  district. 

The  phrase  "designate  a  schoolhouse  site,"  has  reference  to  the  first  location  of  a  school- 
house  site  in  a  newly  organized  district.  The  county  superintendent's  authority  to  deter- 
mine where  such  site  shall  be  established,  when  no  site  can  be  determined  upon  by  the  voters 
of  the  district,  has  reference  also  to  the  first  location  of  a  schoolhouse  site  in  a  newly  organ 
ized  district.  The  county  superintendent  has  no  authority  to  determine  the  schoolhouse 
site  when  it  has  once  been  established.  Neither  is  there  any  authority  for  adjourning  the 
annual  meeting  for  the  purpose  of  Changing  the  site  when  once  established. 

The  literal  and  legal  schoolhouse  site  is  the  place  actually  occupied  by  the  schoolhouse. 
All  distances  relative  to  site  and  transfers  are  measured  from  the  schoolhouse.  Therefore,  a 
moving  of  the  schoolhouse  to  a  different  part  of  the  school  grounds  is  a  change  of  the  site  and 
can  be  done  only  under  the  provisions  of  section  8,  subdivision  2,  School  Laws. 

The  "three-fourths  of  a  mile"  mentioned  in  the  proviso  in  this  section  should  be  meas- 
ured on  a  straight  line  joining  the  schoolhouse  and  the  geographical  center  of  the  district. 
Cited  Wilber  vs.  Wooley,44  Neb.,  739  (62  N.  W.  Reporter,  1095).  Purchase  or  lease.  Neb.,438. 

By  act  of  Congress  (March  3,  1873),  it  was  enacted  that  a  person  occupying  a  home- 
stead or  pre-emption  shall  have  the  right  to  transfer  by  warranty,  against  his  own  acts  any 
part  of  his  homestead  or  pre-emption  for  a  site  for  a  schoolhouse;  and  this  shall  not  vitiate 
his  title. 

Sec.  9. — (11538) — Same. — When  no  site  can  be  established  by  such  in- 
habitants aforesaid,  the  county  superintendent  of  the  county  in  which  the 
district  is  situated  shall  determine  where  such  site  shall  be,  and  his  deter- 
mination shall  be  certified  to  the  director  of  the  district,  and  shall  be  final, 
except  that  such  decision  may  be  changed  by  the  county  superintendent  on 
a  written  request  of  two-thirds  of  the  qualified  voters  of  the  district. 

Sec.  10. — (11539) — Purchase  or  lease  of  house. — The  said  qualified 
voters  shall  also  have  power,  at  any  annual  or  special  meeting,  to  direct  the 


Subdiv.  2]  DISTRICT  MEETINGS  33 

purchasing  or  leasing  of  any  appropriate  site,  and  the  building,  hiring,  or 
purchasing  of  a  schoolhouse,  and  the  amount  necessary  to  be  expended  the 
succeeding  year,  and  to  vote  a  tax  on  the  property  of  the  district  for  the  pay- 
ment of  the  same.  Not  to  conflict  with  section  two  (2). 

If  a  school  district  fails  to  have  the  lease  for  its  schoolhouse  site  recorded,  and  a  deed 
is  given  to  another  party  for  land  containing  said  site,  the  lease  the  district  has  from  the  first 
owner  is  no  longer  in  force.  It  is  necessary  to  secure  a  lease  from  the  present  owner  and  have 
it  recorded. 

Contracts  for  the  erection  of  schoolhouses  should  be  made  with  reference  to  funds  on 
hand.  4  Neb.,  360.  The  board  cannot  bind  the  district  by  an  increased  expenditure  beyond 
the  amount  authorized  by  the  district.  10  Neb.,  242.  Cited  32  Id.,  354. 

Building  committee.     45  Neb.,  239. 

Building  contracts.     51   Neb.,  237.  51  Id.,  740. 

Sec.  11.  —  (11540)  —  Taxes  voted.  —  The  trustees  of  each  school  district 
within  the  state  of  Nebraska  shall,  prior  to  the  annual  school  district  meeting 
in  each  year,  provided  for  by  section  5427  [sec.  1,  sub.  2]  of  this  act,  prepare 
an  estimate  showing  the  amount  of  money  required  for  the  maintenance  of 
schools  during  the  coming  school  year,  and  the  legal  voters  at  the  annual 
school  meeting  each  year,  shall  determine  the  amount  of  money  required  for 
school  maintenance  during  the  coming  school  year,  which  shall  be  an  amount 
sufficient  to  maintain  a  school  in  the  manner  and  for  the  time  provided  in 
section  5440  [sec.  14,  sub.  2]  of  the  act  and  the  amount  of  money  so  required 
shall  be  levied  as  a  tax  upon  all  of  the  taxable  property  of  the  school  district; 
Provided,  That  in  districts  having  four  children  or  less  of  school  age,  the 
amount  levied  shall  not  exceed  the  sum  of  four  hundred  ($400.00)  dollars  in 
any  year;  and  in  districts  having  more  than  four  and  less  than  sixteen  children 
of  school  age,  the  levy  shall  not  exceed  the  sum  of  fifty  ($50)  dollars  per 
child  in  addition  to  the  above. 

The  amount  of  money  so  voted  as  being  necessary  for  the  maintenance 
of  the  school  for  the  coming  year,  shall  be  certified  by  the  district  school 
board  to  the  county  clerk  of  the  county  in  which  said  school  district  is  located 
and  said  amount  shall  be  levied  by  the  county  board  on  the  assessed  value  of 
the  school  district,  and  be  collected  as  other  taxes;  Provided,  That  the  amount 
so  levied  shall  not  exceed  in  any  one  year  two  and  one-half  ($2.50)  dollars  on 
the  one  hundred  dollars  valuation  as  assessed  and  equalized. 

The  district  court  may  issue  an  order  on  the  county  board  to  make  the  necessary  levy 
for  the  satisfaction  of  a  judgment  against  a  school  district;  and  when  the  taxes  derived  from 
such  special  levy  are  paid  into  tha  county  treasury  it  is  the  duty  of  the  county  treasurer,  under 
the  direction  of  the  board  of  county  commissioners,  to  pay  the  same  into  court  for  the  satis- 


f county  commissioners,  to  pay  the  same  into  court 

acon  o    sa       ugmen    caim.     The  district  voters  have  nothing  whatever  to 
claim,  nor  should  it  be  paid  out  of  moneys  derived  from  taxes  voted  at  the  annual  meeting. 
The  maximum  levy  for  school  purposes  that  can  legally  be  voted  by  a  school  distr 
is  twenty-five  mills  (except  for  the  payment  of  bonds,  and  for  free  high  school  tuition).     Any 


The  maximum  levy  for  school  purposes  that  can  legally  be  voted  by  a  school  district 
ty-five  mills  (except  for  the  payment  of  bonds,  and  for  free  high  school  tuition).     Any 
other  construction  would  do  violence  to  the  law  and  extend  the  taxing  powers  of  a  school 


district  beyond  the  limit  therein  prescribed. 

The  annual  meeting  votes  the  tax,  the  county  board  or  clerk  levies  it.     Cited  4  Neb., 
307.     11  Id.,  360.     12  Id.,  255.     9  Id.,  331.     Unauthorized  levy.     19  Id.,  485. 

Sec.  lla.  —  (11548)  —  County  clerk  makes  levy,  when.  —  When  no  levy  is 
voted  at  the  annual  school  district  meeting,  or  where  the  district  votes  to 
have  no  school,  or  where  no  action  is  taken  by  the  annual  meeting  to  provide 
for  school,  it  shall  be  the  duty  of  the  county  superintendent  of  the  proper 
county  to  make  and  deliver  to  the  county  clerk  of  such  county  in  which  any 
part  of  the  district  is  situated  not  later  than  the  first  Monday  in  August 
following  the  annual  meeting  an  itemized  estimate  of  the  amounts  necessary 
to  be  expended  during  the  ensuing  year  for  school  purposes  in  such  district. 


34  NEBRASKA  SCHOOL  LAWS  [Subdiv.  2 

It  shall  be  the  duty  of  the  county  clerk  to  levy  such  taxes  on  the  taxable 
property  of  the  district,  to  be  collected  by  the  county  treasurer  at  the  same 
time  and  in  the  same  manner  as  the  state  and  county  taxes  are  collected,  and 
when  collected  to  be  paid  to  the  treasurer  of  the  proper  district  on  the  order 
of-  the  director  countersigned  by  the  moderator  of  said  district. 

Sec.  lib.— (11541)— Same,  joint  districts.— It  shall  be  the  duty  of  the 
county  clerk  of  any  county  in  which  a  fractional  part  of  a  joint  school  dis- 
trict is  located,  on  or  before  the  15th  day  of  June  of  each  year,  to  certify  the 
assessed  valuation  of  all  taxable  property  of  such  fractional  part  of  said  joint 
school  district  to  the  clerk  of  any  county  in  which  a  fractional  part  of  said 
district  is  located. 

Sec.  lie. — (11542)— County  board  make  proportionate  levy. — The  county 
board  of  any  county,  acting  in  pursuance  of  section  5437,  subdivision  2, 
chapter  79,  Wheeler's  Compiled  Statutes  of  Nebraska  for  1905,  shall  make  a 
levy  for  any  joint  school  district  sufficient  only  to  produce  an  amount  bearing 
an  equal  proportion  to  the  whole  amount  required  for  such  joint  school  dis- 
trict, which  the  fractional  part  of  the  district  lying  within  the  said  county 
bears  to  the  valuation  of  the  entire  district. 

Sec.  12. — (11543) — Building  fund,  how  levied. — The  legal  voters  may 
also,  at  such  meeting,  determine  the  number  of  mills  not  exceeding  ten  mills 
on  the  dollar  of  assessed  valuation,  which  shall  be  expended  for  the  building, 
purchase,  or  lease  of  schoolhouse  in  said  district,  when  there  are  no  bonds 
voted  for  such  purpose,  which  amount  shall  be  reported  levied  and  collected 
as  in  the  preceding  section;  Provided,  That  upon  petition  of  one-fourth  of 
the  legal  voters  of  such  district  to  the  trustees  at  least  twenty  days  before 
time  of  annual  meeting,  praying  that  the  question  of  voting  a  tax  to  create 
a  special  fund  for  the  erection  of  a  schoolhouse  in  said  district  be  submitted 
to  the  qualified  voters  at  such  annual  meeting  the  trustees  shall  include  such 
question  in  the  posted  notices  of  business  to  be  considered  at  such  annual 
meeting.  Said  petition  shall  definitely  state  the  whole  question  to  be  sub- 
mitted, including  the  sum  desired  to  be  raised  or  the  amount  of  the  tax  so 
levied,  the  period  of  years  and  the  whole  regulation,  including  the  time  of  its 
taking  effect  or  having  operation.  And  if  a  majority  of  the  qualified  electors 
at  such  meeting  vote  in  favor  thereof  the  record  of  the  meeting  shall  be  certi- 
fied to  the  county  board,  which,  upon  being  satisfied  that  all  the  require- 
ments have  been  substantially  complied  with,  shall  cause  all  the  proceedings 
to  be  entered  upon  the  record  of  the  County  Board  and  shall  make  an  order 
that  the  levy  be  made  in  accordance  therewith  and  collected  as  other  taxes. 
The  provisions  of  Sections  11298,  11299,  11300  and  11301,  of  Cobbey's 
Annotated  Statutes  for  1907,  relating  to  special  funds  for  erection  of  court 
houses  shall  apply  so  far  as  practicable  to  the  procedure  under  this  act,  the 
board  of  school  district  trustees  having  the  power  to  contract  for  the  erection 
of  the  proposed  building  under  the  same  restrictions  as  the  county  board 
in  case  of  erection  of  a  court  house  and  any  residue  of  such  tax  going  into 
the  school  district  general  fund;  Provided,  further,  that  the  amount  of  such 
special  tax  so  levied  shall  not  exceed  ten  mills  on  the  dollar  valuation  above 
the  twenty-five  mill  levy  allowed  for  general  school  purposes.  [Amended 
1909.] 


Subdiv.  2]  DISTRICT  MEETINGS  35 

Sec.  13. — (11544) — Building  fund,  how  expended. — The  tax  levied  and 
collected,  as  provided  by  the  preceding  section,  shall  be  expended  under  the 
direction  of  the  district  made  at  the  annual  meeting,  or  in  the  absence  of 
such  direction,  then  such  tax  shall  be  expended  as  the  district  board  of  the 
district  may  direct.  Money  remaining  in  the  treasury  after  the  purpose  for 
which  it  was  raised  has  been  accomplished,  and  after  all  debts  for  which  the 
fund  is  liable  have  been  discharged,  may  be  transferred  to  any  other  fund  of 
the  district,  at  any  district  meeting. 

Certain  sections  of  chapter  79,  Compiled  Statutes,  1895,  entitled  "Schools"  construed 
and  held,  (1)  That  the  electors  of  a  school  district,  and  they  alone  at  their  regular  annual  meet- 
ing, or  at  a  special  meeting  called  for  such  purpose,  have  power  to  direct  the  building  of  a 
schoolhouse;  (2)  that  the  district  board  of  a  school  district  has  no  power  or  authority  of  law 
to  appropriate  the  funds  of  a  school  district  to  the  erection  of  a  schoolhouse,  unless  first  author- 
ized so  to  do  by  a  vote  of  the  electors  of  such  school  district;  (3)  that  when  a  school  district  owns 
a  schoolhouse  site  and  has  the  money  in  its  treasury  sufficient  to  build  a  schoolhouse,  which 
money  was  raised  for  that  purpose,  the  electors  of  such  school  district,  at  any  regular  annual 
meeting,  or  at  a  special  meeting  called  for  that  purpose,  may  direct  the  building  of  a  school- 
house  on  the  school  site,  and  that  such  school  building  be  paid  for  out  of  the  funds  on  .hand 
for  that  purpose;  (4)  that  the  electors  at  such  meeting  may  designate  the  school  board  to  act  as 
the  agent  of  the  district  to  superintend  the  construction  of  such  schoolhouse;  (5)  that  if  no  one 
is  designated  by  the  electors  of  the  school  district  to  superintend  the  construction  of  the  school 
building  directed  to  be  built,  then  the  school  board  of  such  district  has  authority  to  make  con- 
tracts and  superintend  the  erection  of  the  school  building  ordered;  (6)  that  the  electors  of  a 
school  district  are  not  obliged  to  select  the  members  of  the  school  board  as  agents  to  superin- 
tend the  construction  of  a  building  ordered  to  be  built,  but  may  select  such  persons  as  in  their 
judgment,  will  best  subserve  the  interests  of  the  school  district.  45  Neb.,  239. 

Moneys  derived  from  state  funds  and  apportioned  by  county  superintendent,  can  be 
legally  used  for  no  purpose  except  to  pay  teachers'  wages.  School  officers  who  use  any  part 
of  such  funds  for  any  other  purpose  become  personally  responsible  to  the  district  for  the  amount 
thus  used,  and  are  liable  to  be  prosecuted  for  malfeasance  in  office.  As  regards  money  raised 
by  district  tax:  (1)  When  the  district  has  directed  the  manner  in  which  this  tax  shall  be  ex- 
pended, the  officers  are  bound  to  follow  such  direction.  The  fact  that  the  district  at  a  meet- 
ing voted  a  tax  for  a  particular  purpose  is  held  to  be  "direction"  as  regards  the  money  derived 
from  that  specific  part  of  the  tax.  (2)  When  the  district  has  not  specified  any  particulars  in 
voting  the  tax,  nor  directed  the  board  in  any  manner  as  to  the  disbursements  of  the  school 
funds,  then  the  district  officers  may  pay  out  the  funds  as  called  for,  and  at  their  discretion 
(except  the  state  apportionment  as  mentioned  above) .  When  money  has  been  raised  for  build- 
ing purposes,  or  any  other  specific  purpose,  and  has  not  been  expended,  the  district  at  any 
meeting  may  transfer  such  money  to  any  other  fund.  The  building  fund  cannot  be  lagally 
transferred  to  the  teachers'  fund  as  long  as  there  are  debts  due  against  the  district  for  build- 
ing expenses.  Funds  derived  from  the  state  cannot  be  legally  transferred  from  the  teachers' 
fund  in  any  manner  whatever.  CSee  last  part  of  section  1,  subdivision  XI,  and  last  clause 
of  section  5,  article  VIII,  of  the  constitution). 

The  directon  spoken  of  in  this  section  is  general,  and  not  special;  it  cannot  descend 
to  all  the  details'of  school  management.  Cited  9  Neb.,  331.  19  Id.,  562.  32  Id.,  354. 

Sec.  14. — (11545) — Length  of  term. — They  shall  also  determine  at  each 
annual  meeting  the  length  of  time  a  school  shall  be  taught  in  the  district  the 
ensuing  year,  which  shall  not  be  less  than  three  months  by  a  legally  qualified 
teacher  in  a  district  having  less  than  twenty  pupils  of  school  age,  nor  less 
than  six  months  in  districts  having  between  twenty  and  seventy-five  pupils, 
inclusive,  nor  less  than  nine  months  in  districts  having  more  than  75  pupils. 
They  may  also  determine  and  instruct  the  district  officers  as  to  the  different 
length  of  the  terms  of  school,  and  the  seasons  of  the  year  in  which  the  same 
shall  be  taught;  and  the  district  officers  shall  see  that  school  is  actually  taught 
therein  by  a  licensed  teacher  in  conformity  to  such  instructions  and  for  not 
less  than  the  length  of  time  herein  required.  No  district  shall  receive  any 
portion  of  the  state  funds  unless  school  shall  have  been  actually  taught  therein 
for  the  length  of  time  required  by  this  act;  Provided,  That  in  case  of  epidemic 
sickness  prevailing  to  such  an  extent  that  the  school  board  in  any  district 
shall  deem  it  advisable  to  close  any  or  all  schools  within  the  district,  or  if  on 
account  of  the  destruction  of  the  schoolhouse,  it  shall  be  impossible  to  con- 
tinue the  school,  such  closing  of  school  shall  not  prevent  it  from  drawing  its 


36  NEBRASKA  SCHOOL  LAWS  [Subdiv.  2 

proper  share  of  the  state  apportionment.  Such  sickness,  or  destruction  of 
the  schoolhouse,  shall  be  sworn  to  by  the  district  board,  and  the  oath  filed 
with  the  county  superintendent  within  ten  days  after  the  annual  school  meet- 
ing. Provided  further,  That  no  district  shall  be  deprived  of  its  proportionate 
share  of  state  school  funds  when  it  shall  appear  by  the  affidavit  of  the  district 
board,  to  be  made  and  filed,  as  aforesaid,  that  the  district  has  in  good  faith 
raised  and  expended  the  maximum  tax  allowed  by  law  and  the  funds  so 
raised  have  been  insufficient  to  maintain  a  school  for  the  time  herein  provided. 

It  is  not  within  the  axithority  of  the  annual  meeting  to  determine  the  wages  to  be  paid 
to  a  teacher;  the  school  board  is  the  proper  authority  to  fix  the  teachers'  wages.  Neither  can 
the  annual  meeting  determine  whether  the,  teacher  shall  be  male  or  female. 

The  things  mentioned  in  section  14  must  be  determined  at  the  annual  meeting,  and  if 
not  then  determined  must  be  left  to  the  board. 

The  penalty  which  the  law  inflicts  upon  a  district  for  not  keeping  up  schools  is  the  for- 
feiture of  the  next  year's  apportionment. 

The  teacher's  pay  goes  on  while  the  school  is  closed  by  order  of  the  board  so  long  as  he 
holds  himself  in  readiness  to  go  on  with  the  school. 

It  must  be  clear  that  in  consequence  of  such  epidemic  (or  destruction  of  house)  no 
school  could  be  taught,  and  that  the  failure  was  not  caused  by  mere  neglect.  (Maxwell's 
Practice.) 

It  is  the  duty  of  the  county  superintendent  to  see  that  no  district  in  his  county  receives 
credit  for  school  taught  by  one  who  does  not  hold  a  valid  certificate. 

If  a  district,  at  the  annual  meeting,  leave  the  length  of  the  term  of  school  to  the  dis- 
cretion of  the  school  board,  it  can  be  compelled  to  make  good  the  reasonable  contracts  entered 
into  by  the  board. 

Sec.  14a. — (11549) — For  the  purpose  of  providing  at  least  five  months 
of  school  each  year  in  the  first  eight  grades  for  all  the  youth  of  this  state 
whose  parents  or  guardians  live  in  public  school  districts  whose  funds  are  not 
sufficient  to  maintain  school  for  at  least  five  months,  there  shall  be  paid  to 
each  district  by  the  state  treasurer  such  an  amount  as  is  necessary  to  enable 
such  district  to  maintain  five  months  of  school  with  a  legally  qualified  teacher; 
Provided,  That  no  state  aid  shall  be  given  any  public  school  district  unless 
there  has  been  levied,  the  maximum  tax  levy  authorized  by  Section  11540 
of  Cobbey's  Annotated  Statutes  of  Nebraska  for  1907,  and  until  the  accounts 
of  such  district  are  audited  and  approved  by  the  county  superintendent  of 
the  proper  county.  And  provided  further,  That  no  district  formed  after  the 
passage  of  this  act  containing  less  than  twenty  sections  of  land  shall  receive 
any  aid  under  the  provisions  of  this  Act.  And  provided  further,  That  where 
a  district  maintains  more  than  one  separate  rural  school  there  shall  be  paid  to 
such  district  for  each  school  maintained  such  amount  as  is  necessary  to 
enable  the  district  to  maintain  five  months  of  school  with  a  legally  qualified 
teacher  in  each  such  school;  Provided,  That  no  district  maintaining  more  than 
one  rural  school  shall  receive  a  share  of  apportionment  for  any  school  main- 
tained in  and  for  a  division  of  territory  less  than  24  square  miles.  Funds 
derived  from  this  appropriation  can  be  applied  only  in  payment  of  teachers' 
warrants. 

Sec.  14b. — (11550) — It  shall  be  the  duty  of  the  county  superintendent 
of  the  proper  county  on  or  before  the  second  Monday  in  October  of  each  year 
to  certify,  under  oath,  to  the  state  superintendent  of  public  instruction  the 
number  of  districts  entitled  to  state  aid  under  the  provisions  of  this  Act,  the 
amount  each  should  receive  and  such  other  items  as  may  be  required  by  the 
state  superintendent  of  public  instruction.  It  shall  be  the  duty  of  the  state 


Subdiv.  2]  DISTRICT  MEETINGS  37 

superintendent  of  public  instruction  on  or  before  the  last  Monday  in  December 
of  each  year,  to  certify  the  amounts  of  state  aid  due  the  several  districts  under 
the  provisions  of  this  Act,  to  the  several  county  superintendents  and  the 
amounts  due  the  several  counties  to  the  state  auditor,  who  shall  draw  warrants 
on  the  state  treasurer  in  favor  of  the  various  counties  for  the  sums  so  specified 
by  the  state  superintendent  of  public  instruction.  The  state  treasurer  shall 
remit  said  amounts  to  the  county  treasurer  of  the  several  counties  who  shall 
place  it  to  the  credit  of  the  proper  districts  of  their  counties  in  accordance 
with  the  instructions  of  the  state  superintendent  as  certified  to  by  the  county 
superintendents  thereof. 

Sec.  14c. — (11551.) — lor  the  purpose  of  carrying  out  the  provisions  of 
this  act  there  is  hereby  appropriated  out  of  any  moneys  in  the  state  treasury 
not  otherwise  appropriated  the  sum  of  seventy-five  thousand  dollars  ($75,- 
000.00).  If  the  amount  available  is  not  sufficient  to  pay  the  full  sum  to* 
which  each  district  is  entitled  under  the  provisions  of  this  act,  it  shall  be 
divided  pro  rata  among  the  several  school  districts  entitled  thereto  in  propor- 
tion to  the  amounts  asked  for  by  the  county  superintendents. 

Sec.  14d. — (11551X1) — To  determine  the  amount  to  be  apportioned  to 
each  district,  the  county  superintendent  shall  find  the  estimated  expendi- 
tures of  the  district  for  the  current  year  and  subtract  therefrom  the  estimated 
income  of  that  district  from  all  sources  for  the  same  year.  The  estimated 
income  for  the  current  year  shall  be  the  sum  of  all  moneys  belonging  to  the 
district  on  hand  in  the  district  and  county  treasuries,  plus  twenty-five  mills 
times  the  assessed  value,  plus  the  estimated  apportionment  of  state  school 
funds.  If  said  district  will  not  receive  any  apportionment  of  money  from 
the  state  school  fund,  then  said  apportionment  shall  not  be  considered  in 
estimating  the  income  for  the  current  year.  The  estimated  expenditures  for 
the  current  year  shall  be  the  amount  necessary  to  maintain  school  five  months; 
said  estimate  not  to  exceed  two  hundred  and  seventy-five  dollars  ($275.00). 
[Amended  1909.] 

Sec.  15. — (11546) — Sale  of  district  property. — Said  qualified  voters  shall 
also,  at  any  annual  or  special  meeting,  authorize  and  direct  by  a  two-thirds 
vote  the  sale  of  any  schoolhouse,  site,  building,  or  other  property  belonging 
to  the  school  district  when  the  same  shall  no  longer  be  needed  for  the  use  of 
the  district;  and  when  real  estate  is  sold  the  district  may  convey  the  same  by 
deed,  signed  by  the  moderator  of  the  district,  and  such  deed,  when  acknowl- 
edged by  such  officer  to  be  the  act  of  the  district,  may  be  recorded  in  the 
office  of  the  recorder  of  deeds  of  the  county  in  which  the  real  estate  is  situated, 
in  like  manner  as  other  deeds. 

A  school  district  board  cannot  legally  sell  a  s^hoolhhouse  or  site  without  being  directed 
to  do  so  by  the  legal  voters  at  a  district  meeting.  When  the  district  has  so  authorized  them 
by  a  two-thirds  vote  it  would  seem  proper  for  the  board  to  advertise  and  sell  the  same  to  the 
highest  bidder. 

Sec.  16. — (11547) — Prosecution  and  defense. — They  may  also  give  such 
directions  and  make  such  provisions  as  they  shall  deem  necessary  in  relation 
to  the  prosecution  or  defense  of  any  proceeding  in  which  the  district  may  be 
a  party  or  interested. 


38  NEBRASKA  SCHOOL  LAWS  [Subdiv.  3 

SUBDIVISION  III.— DISTRICT  OFFICERS. 

Section  1. — (11552) — Election  of  officers. — The  qualified  voters  of  every 
new  district,  when  assembled  pursuant  to  legal  notice,  and  all  existing  dis- 
tricts at  their  annual  meetings,  shall  elect  by  ballot,  from  the  qualified  voters 
of  such  district,  a  moderator  for  three  years,  a  director  for  two  years,  and  a 
treasurer  for  one  year;  and  at  the  expiration  of  their  respective  terms  of 
office,  and  regularly  thereafter,  their  several  successors  shall  be  elected  for 
the  term  of  three  years  each,  and  all  officers  so  elected  shall  hold  their  offices 
until  their  successors  are  elected  or  appointed  and  qualified;  Provided,  That 
officers  of  existing  organized  districts  shall  continue  and  discharge  the  duties 
of  their  several  offices  until  the  expiration  of  the  same. 

One  who  is  not  a  resident  of  a  school  district  is  not  eligible  to  any  district  office  therein. 
All  the  qualifications  necessary  for  a  school  district  officer  is  that  he  be  a  legal  voter  in  the 
school  district. 

In  case  a  person  assumes,  under  color  of  right,  a  school  district  office,  and  performs 
the  duties  of  such  office,  being  permitted  by  the  district  in  the  discharge  of  such  duties,  he  is 
a  de  facto  officer  so  long  as  he  is  permitted  to  act  in  that  capacity,  and  his  acts  as  such  officer 
are  binding  upon  the  district. 

Section  1,  subdivision  3,  of  the  School  Laws  provides  that  school  district  officers  shall 
be  elected  by  ballot.  However,  in  case,  by  the  proper  motion  being  carried,  the  secretary 
or  clerk  is  instructed  to  cast  the  ballot  of  the  meeting  for  an  officer,  it  would  be  construed  to 
be  an  election  by  ballot  within  the  meaning  of  the  section  just  referred  to. 

A  plurality  vote  elects,  that  is,  the  one  receiving  the  highest  number  of  votes  cast  is 
elected. 

The  school  law  makes  no  provision  for  casting  lots  in  case  of  a  tie  vote  on  member  of 
a  school  board,  and  it  is  not  a  legal  process  of  selecting:  an  officer.  Another  ballot  should 
be  taken. 

Where  a  district  officer  is  elected  by  acclamation  for  the  full  term  at  the  annual  meet- 
ing and  has  performed  the  duties  of  his  office  for  a  time  extending  beyond  the  next  annual 
election,  he  is  entitled  to  the  office  the  full  term  for  which  he  was  elected. 

District  officers  must  be  elected  by  ballot.  No  authority  to  adjourn  annual  meeting 
for  the  election  of  officers.  15  Neb.,  444. 

Sec.  2. — (11553) — First  year  of  term. — When  a  new  district  is  organized 
and  the  officers  elected  at  any  other  time  than  at  the  annual  meeting,  the 
time  intervening  between  the  date  of  such  organization  and  the  beginning 
of  the  next  school  year  shall  constitute  the  first  year  in  the  term  of  such 
officers. 

Sec.  3. — (11554) — Acceptance. — Within  ten  days  after  their  election, 
these  several  officers  shall  file  with  the  director  a  written  acceptance  of  the 
offices  to  which  they  shall  have  been  respectively  elected,  which  shall  be 
recorded  by  said  director. 

In  a  primary  (common)  school  district  the  failure  of  an  officer-elect  to  file  his  accept- 
ance within  ten  days  after  the  annual  meeting  does  not  forfeit  his  office.  His  entrance  upon 
the  discharge  of  the  duties  of  the  office  is  sufficient.  The  filing  of  a  bond  by  the  treasurer- 
elect  is  held  to  be  sufficient  acceptance. 

It  is  not  necessary  that  the  director  of  a  primary  (common)  school  district  take  the  oath 
of  office.  His  filing  an  acceptance  and  assuming  the  duties  of  the  office  are  all  the  necessary 
steps. 

When  a  person  elected  to  a  school  district  fails  to  qualify,  the  old  officer  holds  over 
till  his  successor  is  elected  or  appointed  and  qualified,  unless  the  old  officer  holds  his  office  by 
appointment.  In  such  case  there  is  a  vacancy  and  the  vacancy  may  be  filled  by  appoint- 
ment of  the  board,  or  at  an  election  at  a  special  meeting  called  for  that  purpose. 

When  a  district  voter  is  legally  elected  at  an  annual  meeting  to  a  school  district  office,  and 
files  his  acceptance  within  ten  days  after  such  election,  he  is  entitled  to  possession  of  the  books 
and  papers  belonging  to  su-h  office  on  the  second  Monday  of  July  following  his  election;  and 
any  dispute  that  may  arise  between  him  and  his  predecessor  is  no  ground  for  the  remain 
ing  members  of  the  board  to  declare  the  office  vacant.  It  is  the  duty  of  the  outgoing  officer 
to  turn  over  to  his  successor  the  official  papers,  records,  etc.,  pertaining  to  his  office. 

The  newly  elected  director  should  file  his  acceptance  with  his  predecessor,  or,  if  he  had 
none,  it  should  be  written  out  arid  kept  with  the  papers  in  his  office. 

An  officer  elected  or  appointed  should  not  fail  to  file  a  written  acceptance  with  the 


Subdiv.  3]  DISTRICT  OFFICERS  39 

director;  a  verbal  acceptance  is  not  enough,  but  it  is  heid  that  the  entrance  upon  and  the  dis- 
charge of  the  duties  of  the  office  is  a  sufficient  acceptance.  The  filing  of  his  bond  by  the  treas 
urer-elect  is  held  to  be  the  same  in  effect  as  a  formal  written  acceptance.  See  30  Neb.,  360. 

Sec.  4. — (11555) — Organization. — Every  such  school  district  shall  be 
deemed  duly  organized  when  any  two  of  the  officers,  elected  at  the  first  meet- 
ing, shall  have  filed  their  acceptance  as  aforesaid. 

In  organizing  a  new  district,  great  care  should  be  taken  to  have  all  the  steps  legal,  and 
to  preserve  full,  clear,  and  accurate  record  of  all  the  proceedings,  since,  during  the  first  year 
after  the  district  is  organized,  any  charge  of  illegality  in  its  formation  must  be  met  by  refer- 
ence to  the  records  of  its  organization,  and  by  section  8,  subdivision  1,  such  records  are  made 
prima  facie  evidence  of  the  facts  therein  set  forth.  But  after  a  district  has  been  transacting 
regular  business  for  a  year,  according  to  section  8,  subdivision  III,  it  is  then  held  to  be  a  legal 
district. 

Sec.  5. — (11556) — New  notice. — In  case  the  inhabitants  of  any  district 
shall  fail  to  organize  the  same,  in  pursuance  of  such  notice  as  aforesaid,  the 
said  county  superintendent  shall  give  a  new  notice  in  the  manner  hereinbefore 
provided,  and  the  same  proceeding  shall  be  had  thereon  as  if  no  previous 
notice  had  been  delivered. 

Sec.  6. — (11557) — Appointment  by  county  superintendent. — In  all  cases 
where  the  county  superintendent  of  any  county  shall  form  a  school  district 
therein,  and  where  no  election  for  school  district  officers  shall  be  held  therein, 
it  shall  be  the  duty  of  the  county  superintendent  of  the  county  in  which  such 
district  is  situated  to  appoint  the  officers  of  such  district  from  the  legal  voters 
thereof,  which  officers  thus  appointed  shall  severally  file  with  the  director  a 
written  acceptance  of  the  offices  to  which  they  shall  have  been  appointed, 
which  shall  be  recorded  by  the  director. 

Where  a  tie  vote  occurs  in  the  election  of  a  school  district  officer,  it  is  not  within  the 
province  of  the  county  superintendent  to  appoint  an  officer. 

An  outgoing  officer  is  not  competent  to  assist  in  appointing  his  successor,  If  a  vacancy 
exists  in  the  office  the  old  officer  is  no  longer  competent  to  act  on  behalf  of  the  district,  and 
such  vacancy  can  be  filled  by  appointment  or  election. 

Sec.  7. — (11558) — Organization. — Every  such  school  district  shall  be 
deemed  duly  organized  whenever  any  two  of  the  officers  thus  appointed 
shall  have  filed  their  acceptance  as  aforesaid,  and  such  school  district  and 
its  officers  shall  be  entitled  to  all  the  rights,  privileges,  and  immunities,  and 
be  subject  to  all  the  duties  and  liabilities  conferred  upon  school  districts  by 
law. 

Sec.  8. — (11559) — Presumption  of  legal  organization. — Every  school  dis- 
trict shall,  in  all  cases,  be  presumed  to  have  been  legally  organized  when  it 
shall  have  exercised  the  franchises  and  privileges  of  a  district  for  the  term  of 
one  year. 

Cited  42  Neb.,  499. 

•   "' 

Sec.  9. — (11560) — Term  of  office. — District  officers  appointed  to  fill 
vacancies  shall  hold  their  office  until  the  beginning  of  the  next  school  year. 
Officers  elected  at  a  special  meeting  shall  serve  for  the  remainder  of  the  un- 
expired  term,  and  until  their  successors  are  elected  and  qualified. 

Sec.  10. — (11561) — Officer  as  teacher. — No  person  holding  a  school  dis- 
trict office  shall  be  employed  to  teach  in  the  district  of  which  he  is  an  officer, 
unless  upon  a  petition  signed  by  two-thirds  of  the  legal  voters  of  the  district, 


40  NEBRASKA  SCHOOL  LAWS  [Subdiv.  4 

which  petition  shall  be  filed  with  the  papers  of  the  district.    The  contract  of 
such  officer  shall  be  made  by  the  other  members  of  the  district  board. 

Sec.  11. — (11562) — Refusal  to  sign  or  pay  orders. — Whenever  a  director 
or  moderator  refuses  to  sign  orders  on  the  treasurer,  or  the  treasurer  thinks  it 
best  to  refuse  the  payment  of  orders  drawn  upon  him,  the  difficulty  shall  be 
referred  for  adjudication  to  the  county  superintendent,  who  shall  proceed  at 
once  to  investigate  the  matter,  and  if  he  finds  that  the  officer  complained  of 
refuses  through  contumacy  or  for  insufficient  reasons,  it  shall  be  the  duty  of 
the  superintendent,  on  behalf  of  the  district,  to  apply  to  the  proper  court  for 
a  writ  of  mandamus  to  compel  the  officer  to  perform  his  duty. 

This,  however,  will  not  prevent  a  party  in  a  proper  case  from  bringing  an  action  in  his 
own  name.      Cited  19  Neb.,  565;  32  Id.,  354;  35  Id.,  655. 


SUBDIVISION  IV.— DISTRICT  OFFICERS,  POWERS  AND  DUTIES. 

Section  1. — (1 1563)— Moderator,  duties  of.— The  moderator  shall  have 
power,  and  it  shall  be  his  duty  to  preside  at  all  meetings  of  the  district,  to 
countersign  all  orders  upon  the  treasurer  for  money  to  be  disbursed  by  the 
district  and  all  warrants  of  the  director  on  the  county  treasury  for  moneys 
raised  for  district  purposes  or  apportioned  to  the  district  by  the  county  super- 
intendent, to  administer  the  oath  to  the  director  and  treasurer  of  the  district 
of  which  he  is  moderator  when  such  an  oath  shall  be  required  by  law  in  the 
transaction  of  the  business  of  the  district,  and  to  perform  such  other  duties 
as  may  be  required  of  him  by  law.  If  the  moderator  be  absent  from  any  dis- 
trict meeting  the  qualified  voters  present  may  elect  a  suitable  person  to  pre- 
side at  the  meeting.  [Amended  1909.] 

The  moderator  has  a  right  to  vote  at  school  district  meetings  on  all  questions  pertain- 
ing to  school  matters.  In  case  of  a  tie  vote,  however,  he  could  not  cast  a  second  vote  to  break 
the  tie. 

A  moderator  of  a  school  district  is  not  required  to  take  an  oath  of  office.    30  Neb.,  360. 

When  a  person  elected  to  the  office  of  moderator  of  a  school  district  fails  to  file  with 
the  director  of  the  district  his  written  acceptance  of  the  office,  but  immediately  after  his  elec- 
tion enters  upon  the  discharge  of  his  official  duties,  by  presiding  at  school  district  meetings, 
countersigning  si-hool  orders  and  performing  all  other  duties  required  by  law  of  such  officer, 
without  objection  from  anyone,  for  more  than  a  year,- held,  that  the  failure  to  file  a  written  ac- 
ceptance did  not  forfiet  his  title  to  the  office.  30  Neb.,  360. 

One  B.,  moderator  of  a  school  distri  t,  refused  to  sign  a  report  to  the  county  clerk  of 
the  lawful  taxes  voted  by  his  distric  t  at  the  annual  meeting.  Held,  that  it  being  a  duty  en- 
joined by  law,  he  would  be  compelled  by  mandamus  to  sign  the  .same.  11  Neb.,  359. 

A  moderator  refused  to  sign  an  order  properly  drawn  upon  the  treasurer  and  the  mat- 
ter was  submitted  for  adjudication  to  the  county  superintendent,  who,  after  investigation, 
found  that  the  officer  refused  to  sign  the  oMer  for  insufficient  reasons.  Held,  that  under  the 
statute  the  county  superintendent. had  the  right,  on  behalf  of  the  district  to  apply  to  the  proper 
court  for  a  writ  of  mandamus  to  compel  the  officer  to  perform  his  duty.  35  Neb.,  655. 

When  the  moderator  refuses  to  sign  orders  legally  issued  by  the  director,  he  can  be  com 
pelled  to  do  so  by  mandamus.  (See  section  11,  subdivision  III.) 

When  the  moderator  is  absent  from  a  district  meeting,  one  should  be  appointed.  The 
director  is  clerk  of  the  meeting,  and  has  no  right  to  preside  in  the  absence  of  the  moderator. 

Sec.  2. — (11564) — Arrest  of  disorderly  person. — If  at  any  district  meeting 
any  person  shall  conduct  himself  or  herself  in  a  disorderly  manner,  and  after 
notice  of  the  moderator  or  person  presiding,  shall  persist  therein,  the  modera- 


Subdiv.  4]          DISTRICT  OFFICERS— POWERS  AND  DUTIES  41 

tor  or  person  presiding  may  order  him  or  her  to  withdraw  from  the  meeting, 
and  on  his  or  her  refusal,  may  order  any  constable,  or  any  other  person  or 
persons  to  take  him  or  her  into  custody  until  the  meeting  shall  be  adjourned. 
Sec.  3. — (11565) — Fine  for  disturbing  meeting. — Any  person  or  persons 
who  shall  refuse  to  withdraw  from  such  meeting  on  being  so  ordered  as  pro- 
vided in  the  preceding  section  or  who  shall  wilfully  disturb  such  meeting 
shall,  on  conviction  thereof,  be  fined  in  a  sum  not  exceeding  twenty  dollars, 
which  fine  shall  be  paid  into  the  school  fund  of  the  district. 

For  penalty  for  disturbing  any  school,  society,  or  meeting  convened  for  improvement 
in  music,  letters,  or  for  social  improvement,  see  Criminal  Code,  Annotated  Statutes. 

Sec.  4. — (11566) — Bond  of  treasurer. — The  treasurer  of  each  district 
shall  within  ten  days  after  the  election,  execute  to  the  county  and  file  with 
the  director  a  bond  of  not  less  than  five  hundred  dollars  in  any  instance,  nor 
less  than  double  the  amount  of  money  as  near  .as  can  be  ascertained,  to  come 
into  his  hands  as  treasurer  and  at  any  one  time,  with  sufficient  sureties,  to  be 
approved  by  the  director  and  moderator,  conditioned  for  the  faithful  dis- 
charge of  the  duties  of  his  office;  such  bond  when  approved  shall  be  filed  by 
the  director  in  the  office  of  the  county  clerk  of  the  county  wherein  the  school 
district  is  situated;  and  if  the  treasurer  shall  fail  to  execute  such  bond,  his 
office  shall  be  declared  vacant  by  the  district  board  and  the  board  shall  im- 
mediately appoint  a  treasurer,  who  shall  be  subject  to  the  same  conditions  and 
possess  the  same  powers  as  if  elected  to  that  office. 

In  case  a  district  treasurer-elect  fails  to  file  a  bond  within  the  prescribed  time,  the  old 
treasurer  holds  over,  if  elected  to  the  office;  and  he  has  twenty  days  after  the  annual  meet- 
ing in  which  to  file  a  new  bond. 

Moneys  in  the  treasury  must  be  used  for  the  purpose  of  paying  outstanding  warrants, 
and  the  treasurer  is  liable  under  his  bond  if  he  uses  money  for  any  other  purpose  as  long  as 
there  are  warrants  outstanding  against  the  fund. 

The  director  and  moderator  should  not  become  surety  upon  the  treasurer's  bond  for 
the  reason  that  they  are  the  officers  whose  duty  it  is  to  approve  such  boad;  but  after  having 
signed  the  bond  they  would  be  estonped  from  denying  the  validity  of  the  same,  and  would 
doubtless  be  held  liable  thereon  in  the  event  of  the  defalcation  of  the  treasurer. 

It  is  not  within  the  power  of  the  treasurer  of  a  s  -hool  distri  >t  by  a  general  deposit 
of  funds  held  by  virtue  of  his  ofiVe  to  <  reate  between  su<"h  district  and  his  banker  the  rela- 
tion of  debtor  and  creditor.  A  banker  by  receiving  on  deposit  from  a  s  hool  district  treasurer 
funds  known  to  be  held  by  the  latter  in  his  official  capacity  becomes  thereby  a  trustee  for  the 
beneficial  owner  with  respect  to  such  funds,  and  the  same  may,  unon  his  insolven-y,  be  re 
covered  by  the  owner  as  a  preferred  claim  against  his  estate.  52  Neb.,  1. 

The  other  members  of  the  board  should  not  be  sureties  on  the  treasurer's  boad.  The 
treasurer  should  not  be  allowed  to  draw  money  from  the  county  treasury  until  his  bond  has 
been  filed  and  approved;  and  the  individual  members  of  the  board  authorizing  such  draft, 
in  the  absence  of  the  necessary  bond,  would  be  liable  to  the  district  for  any  loss  resulting 
therefrom. 

A  school  treasurer  may  hold  other  offices,  county  or  precin  t.  When  a  board  allows 
a  treasurer,  whose  bond  has  not  been  approved,  to  handle  public  funds,  the  members  of  the 
board  become  individually  liable  for  any  loss  that  may  occur.  District  treasurers  are  reminded 
that  to  use  or  lend  any  part  of  the  public  money  in  their  hands  is  an  offense  which;  if  proven 
against  them,  renders  them  liable  to  fine  and  imprisonment.  (See  Annotated  Statutes.) 
The  treasurer  must  file  his  bond  with  the  director,  and  the  dire"tor  must  file  it  with  the  countv 
clerk.  The  director  should  keep  a  record  of  both  filings.  A  district  treasurer  elected  to  suc- 
ceed himself  must  file  a  new  bond.  52  Neb.,  1. 

Sec.  5.— 7(11567) — Receipt  and  disbursement. — It  shall  be  the  duty  of 
the  treasurer  of  each  district  to  apply  for  and  receive  from  the  county  treas- 
urer all  school  moneys  apportioned  to  the  district  or  collected  for  the  same  by 
said  county  treasurer,  upon  order  of  the  director,  countersigned  by  the  moder- 
ator, and  to  pay  over  on  the  order  of  the  director,  countersigned  by  the  moder- 
ator of  such  district,  all  moneys  received  by  him. 


42  NEBRASKA  SCHOOL  LAWS  [Subdiv.  4 

The  statute  as  well  as  the  supreme  court  recognizes  the  district  treasurer  as  the  legal 
and  proper  custodian  of  the  funds  for  his  district,  provided,  of  course,  the  said  treasurer  has 
furnished  bonds  as  provided  in  sections  4  and  8,  subdivision  4,  School  Laws.  A  district  treas- 
urer who  has  complied  with  these  provisions  could  apply  to  the  district  court  for  a  writ  of 
mandamus  to  compel  director  and  moderator  to  issue  warrants  on  the  county  treasurer  in 
his  behalf  for  the  funds  belonging  to  his  district. 

The  law  does  not  contemplate  that  the  treasurer  shall  pay  any  bills  out  of  moneys  be 
jonging  to  the  district  except  through  the  regular  channels:  viz.,  on  orders  drawn  by  th?  direc- 
tor and  countersigned  by  the  moderator. 

If  the  treasurer  refuse  contumacy  or  for  insufficient  reasons  to  pay  the  orders  legally 
drawn  upon  the  district,  it  shall  be  the  duty  of  the  county  superintendent  on  behalf  of  the 
district  to  apply  to  the  proper  court  for  a  writ  of  mandamus  to  compel  the  officer  to  perform 
his  duty. 

A  writ  of  mandamus  cannot  issue  to  the  treasurer  of  a  school  district  requiring  the  pay- 
ment by  him  of  an  order  payable  by  its  terms  at  a  fixed  time  in  the  future  and  in  the  meantime 
drawing  interest  at  arate  per  centum  defined  by  the  terms  of  the  order  itself.  39  Neb.,  570. 

It  is  not  within  the  authority  of  the  voters  at  the  annual  meeting  to  release  a  treasurer 
from  being  responsible  for  moneys  paid  out  illegally  or  lost  by  him. 

This  money  may  be  drawn  from  the  ( ounty  treasury  at  any  time. 

It  is  the  right  and  duty  of  the  district  treasurer  to  draw  and  hold  funds  collected  by  the 
county  treasurer  to  the  credit  of  the  district.  22  Neb.,  52. 

School  district  funds  can  be  paid  out  legally  only  on  the  order  of  the  director,  coun- 
tersigned by  the  moderator. 

The  county  treasurer  has  no  right  to  receive  orders  drawn  by  the  direr  tor  in  favor  of 
any  one  but  the  distru  t  treasurer,  who  is  the  only  person  authorized  to  receive  distri<  t  money 
from  the  county  treasurer,  and  he  should  pay  no  order  until  countersigned  by  the  moderator. 
11  Neb.,  283. 

A  school  district  has  no  authority  to  release  its  treasurer  from  liability  for  money  lost 
or  misapplied  by  him.  10  Neb.,  296.  Cited  19  Id.,  494,  565. 

Sec.  6. — (11568) — Treasurer's  recorJ. — The  treasurer  shall  keep  a  book 
furnished  by  the  district,  in  which  he  shall  enter  all  the  moneys  received  and 
disbursed  by  him,  specifying  particularly  the  source  from  which  money  has 
been  received,  and  to  what  fund  it  belongs,  and  the  person  or  persons  to 
whom,  and  the  object  for  which  the  same  has  been  paid  out.  He  shall  pre- 
sent to  the  district,  at  each  annual  meeting,  a  report  in  writing,  containing  a 
statement  of  all  moneys  received  by  him  during  the  preceding  year  and  of 
the  disbursements  made  by  him,  with  the  items  of  such  disbursements,  and 
exhibit  the  vouchers  therefor,  and  at  the  close  of  the  term  of  his  office  shall 
settle  with  the  district  board,  and  shall  hand  over  to  his  successor  said  books 
and  all  receipts,  vouchers,  orders,  and  papers  coming  into  his  hands  as  treas- 
urer of  the  district,  together  with  all  moneys  remaining  in  his  hands  as  such 
treasurer. 

The  district  treasurer  should  settle  with  the  district  at  the  annual  meeting,  and  the 
terms  and  items  of  this  settlement  should  be  recorded  in  full. 

Sec.  7. — (11569) — Treasurer,  appear  for  district. — It  shall  also  be  the 
duty  of  the  treasurer  to  appear  for  and  on  behalf  of  the  district  in  all  suits 
brought  by  or  against  the  same,  whenever  no  other  directions  shall  be  given 
by  the  qualified  voters  in  the  district  meeting,  except  in  suits  in  which  he  is 
interested  adversely  to  the  district;  and  in  all  such  cases  the  director  shall 
appear  for  such  district,  if  no  other  directions  shall  be  given  as  aforesaid. 

Action  on  a  demand  balonging  to  the  district  must  be  brought  in  the  name  of  the  dis- 
trict. 11  Neb.,  283.  When  the  action  is  not  brought  by  the  treasurer  the  petition  should 
state  the  cause.  10  Neb.,  268.  Cited  12  Id.,  241. 

Sec.  8. — (11570) — Insufficient  bend. —  Whenever  by  the  failure  of  his 
sureties,  or  otherwise,  the  official  bond  of  the  district  treasurer  becomes,  in  the 
opinion  of  the  other  members  of  the  board,  insufficient  to  protect  the  district 


Subdiv.  4]        DISTRICT  OFFICERS— POWERS  AND  DUTIES  43 

from  loss,  it  shall  be  the  duty  of  the  director  and  moderator  to  demand  addi- 
tional'security  or  a  new  bond  of  the  treasurer.  If  the  treasurer  refuse  or  neg- 
lect to  procure  a  satisfactory  bond  and  present  it  to  the  other  members  for 
approval  within  ten  days  after  said  demand,  the  said  moderator  and  director 
may  declare  his  office  vacant,  arid  proceed  to  call  a  district  meeting  to  elect 
a  new  treasurer  to  fill  the  unexpired  term;  Provided,  That  nothing  in  this 
section  shall  be  construed  to  interfere  with  the  liabilities  of  principals  and 
sureties  in  such  bond  or  the  rights  of  sureties  as  defined  by  law  regulating 
official  bonds. 

The  duties  devolved  upon  the  members  of  the  school  district  board,  or  upon  the  moder- 
ator and  director,  by  section  11570,  Cobbey's  Annotated  Statutes,  can  only  be  performed  by 
those  two  officers  acting  in  conjunction.  Any  attempt  on  the  part  of  either  of  them  to  per- 
form such  duties  alone  and  without  the  joint  action  of  the  other,  is  ineffective  and  void  22 
Neb.,  48. 

Collection  of  taxes  for  payment  of  loss  of  fund?  in  insolvent  bank.     51  Neb.,  762. 

Sec.  9. — (11571) — Director,  clerk. — The  director  shall  be  clerk  of  the 
district  board  and  of  all  district  meetings  when  present,  but  if  he  shall  not 
be  present,  the  qualified  voters  may  appoint  a  clerk  for  the  time  being,  who 
shall  certify  the  proceedings  to  the  director  to  be  recorded  by  him. 

Sec.  10. — (11572) — Director's  record. — The  director  shall  record  all  pro- 
ceedings of  the  district  in  a  book  furnished  by  the  district,  to  be  kept  for 
that  purpose,  and  preserve  copies  of  all  reports  made  to  the  county  superin- 
tendent, and  safely  preserve  and  keep  all  books  and  papers  belonging  to  his 
office. 

It  is  to  this  record  alone  that  resort  must  be  had  to  ascertain  what  the  district  has  done, 
what  taxes  it  has  voted,  etc.  4  Neb.,  307. 

Sec.  11. — (11573) — Teachers'  contract. — The  director,  with  the  consent 
and  advice  of  the  moderator  and  treasurer,  or  one  of  them,  or  under  their 
direction,  if  he  shall  not  concur,  shall  contract  with  and  hire  qualified  teachers 
for  and  in  the  name  of  the  district,  which  contract  shall  be  in  writing  and 
shall  have  the  consent  of  the  moderator  and  treasurer,  or  one  of  them,  en- 
dorsed thereon,  and  shall  specify  the  wages  per  week  or  month  as  agreed  by 
the  parties,  and  a  duplicate  thereof  shall  be  filed  in  his  office; 

Provided,  That  if  the  director  shall  refuse  to  make  and  sign  such  con- 
tract, when  directed  so  to  do  by  the  moderator  and  treasurer,  then  it  may  be 
made  and  signed  by  the  moderator  and  treasurer.  The  director  shall  notify 
the  county  superintendent  at  the  time  the  contract  is  made,  of  the  length  of 
the  proposed  term  of  school,  when  the  school  will  begin  and  of  the  name  of  the 
teacher.  And  no  money  belonging  to  the  district  shall  be  paid  for  teaching 
to  any  but  legally  qualified  teachers. 

Provided  further,  That  a  contract  made  before  the  annual  meeting,  in 
order  to  be  legal,  must  be  signed  by  two  members  whose  terms  of  office  do 
not  expire  with  the  school  year  in  which  such  contract  is  made. 

Provided  further,  That  no  such  contract  with  a  teacher  shall  be  valid 
unless  agreed  to  either  by  all  the  members  of  the  district  board  or  by  two 
members  of  such  board  who  are  not  related  to  the  fourth  degree  to  the  said 
teacher  and  whose  terms  of  office  extend  beyond  the  date  of  the  term  of 
school  contracted  for. 


44  NEBRASKA  SCHOOL  LAWS  [Subdiv.  4 

*(a)  It  is  the  duty  of  the  director  to  contract  with  the  teacher  when  so  authorized  by 
the  moderator  and  treasurer,  but  should  he  refuse  to  make  such  contract,  then  it  would  be 
within  the  authority  of  the  moderator  and  treasurer  to  make  the  contract.  The  moderator 
and  treasurer  have  no  authority  to  make  such  contract  until  they  have  given  the  director  an 
opportunity  to  make  it. 

The  director  of  a  school  district  cannot  lagelly  delegate  to  his  wife,  or  to  any  other  per- 
son, the  power  to  act  in  his  stead  in  contracting  with  a  teacher.  However,  if  such  director 
should,  in  concurrence  with  one  or  more  members  of  the  district  board,  employ  a  teacher  and 
agree  upon  the  terms  of  the  contract,  he  might  instruct  his  wife,  or  other  third  person  to  draw 
up  the  instrument  in  accordance  with  such  agreement  and  sign  his  name  thereto;  then  it  would 
be  his  contract. 

The  statute  specially  authorizes  the  director  of  a  school  district  to  employ  teachers 
either  with  the  assent  of  the  moderator  and  treasurer,  or  one  of  them,  or  by  their  direction  if 
if  he  shall  not  concur.  A  contract  with  a  teacher,  therefore,  entered  into  on  behalf  of  the  dis 
trict  by  the  director  and  treasurer,  without  the  assent  of,  or  notice  to  the  moderator  is  valid. 
(Russel  vs.  State,  ex  rel,  Armour,  13  Neb.,  68,  12  N.  W.,  829.) 

Citations. — Martin  vs.  State,  23  Neb..  384,  36  N.  W.,  554;  Montgomery  vs.  State,  35 
Neb.,  659.  53  N.  W.,  568;  State  vs.  Smith,  57  Neb.,  48.  77  N.  W.,  384. 

"No  contract  with  a  teacher  shall  be  valid  unless  agreed  to  either  by  all  the  members 
of  the  district  board  or  by  two  members  of  suoh  board  who  are  not  related  to  the  fourth  de- 
gree to  such  teacher  and  whose  terms  of  office  extend  beyond  the  date  of  the  term  of  st-hool 
contracted  for."  In  regard  to  a  relative  hiring  a  relative,  the  law  applies  to  questions  of  con- 
sanguinity, and  not  to  marital  relationship. 

The  director  and  one  other  member  of  the  board  may  contract  with  a  teacher  without 
notifying  the  third  member,  but  a  contract  made  by  the  other  members  of  the  board  without 
first  giving  the  director  an  opportunity  to  make  the  contract  would  be  void.  They  may  make 
a  valid  contract,  however,  if  the  dire  tor  refuses  to  do  so. 

The  district,  at  the  annual  meeting,  may  determine  whether  a  summer  or  winter  school 
shall  be  taught  (see  section  14,  subdivision  II),  but  it  is  the  business  of  the  board  to  choose 
the  teacher,  and  the  director  should  make  the  formal  contract  with  the  person  so  chosen.  If 
the  director  refuses  to  make  the  contract  it  may  be  made  by  the  other  two  members  of  the 
board. 

A  school  board  may  direct  the  school  to  be  closed  on  Thanksgiving,  the  Fourth  of  July, 
or  similar  occasions,  and  not  require  the  teacher  to  make  up  the  time. 

The  school  board  is  the  proper  party  to  fix  the  wages  of  teachers — the  district  meeting 
cannot  do  it. 

Unless  a  teacher  agrees  on  his  contract  to  build  fires  and  sweep  the  schoolhouse,  he  can- 
not be  compelled  to  do  so. 

A  district  board  cannot  make  a  legal  contract — one  that  will  bind  the  district — with 
a  teacher  who  does  not  hold  a  valid  certificate,  and  members  of  the  board  will  be  personally 
liable  to  the  district  for  money  paid  to  a  teacher  who  is  not  legally  qualified.  13  Neb.,  52. 

A  teacher  is  legally  qualified  to  teach  in  a  joint  district,  who  holds  a  certificate  from 
the  superintendent  of  either  county  in  which  such  district  lies. 

If  the  contract  is  signed  by  one  who  is  a  director  de  facto  jt  will  bind  the  district.  9 
Neb.,  56.  Contract  by  director  and  treasurer  valid.  13  Neb.,  69.  35  Id.,  655.  Breach  of 
contract.  31  Neb.,  501. 

t  (b)  The  contract  between  the  school  board  and  a  teacher  is  a  mutual  obligation, 
equally  binding  upon  both  parties.  Neither  party  can  with  impunity  rescind  such  contract 
and  either  party  violating  the  provisions  of  such  contract  would  be  answerable  in  damages 
to  the  aggrieved  party.  It  requires  a  majority  of  the  board  to  legally  accept  a  teacher's  resig 
nation. 

In  order  to  be  legal  and  binding  upon  the  district,  it  is  not  necessary  that  a  contract  be 
in  writing.  If  not  in  writing  its  existence  must  be  fully  proven.  If  it  can  be  proven  that  a 
teacher  was  elected  by  the  board,  that  he  was  notified  of  such  election  and  clearly  indicated 
his  acceptance  of  it,  the  contract  is  binding  whether  made  out  in  writing  and  signed  by  all 
parties  concerned  or  not.  In  the  absence  of  a  written  contract  the  minutes  of  the  director 
or  secretary  of  the  board  would  show  the  time  for  which  a  teacher  was  elected. 

In  case  a  teacher  breaks  a  contract  made  between  herself  and  a  school  district  board, 
the  board  has  a  right  of  action  on  the  original  contract,  and  may  maintain:  (1)  A  suit  to  ob- 
tain damages  for  the  loss  sustained  by  the  breach;  (2)  a  suit  to  obtain  specific  performance 
of  the  contract  by  the  other  party.  Or,  if  the  court  were  to  find  it  difficult  to  assess  the  dam- 
ages, or  should  fail  to  enforce  a  specific  performance  because  it  cannot  supervise  or  insure  its 
execution,  they  could,  by  injunction,  enforce  the  promise  not  to  teach  elsewhere  during  the 
time  covered  by  the  injunction.  See  Clark  on  Contracts,  702. 

Members  of  the  school  board  have  a  perfect  right  to  see  the  teachers'  certificate.  In 
fact,  it  is  a  duty  incumbent  upon  them  to  satisfy  themselves  that  the  teacher  is  a  legally  quali- 
fied teacher.  The  certificate  is  the  proper  evidence. 

The  school  board  has  the  right  to  discharge  a  teacher  for  cause,  and  after  such  dis- 
charge the  teacher  has  no  right  to  continue  the  school,  even  if  the  cause  be  thought  insuffi- 
cient. The  only  course  then  open  to  the  teacher  is  an  action  for  damages.  Whether  the 
teacher  could  draw  pay  for  the  full  time  of  the  contract,  would  be  a  question  to  be  deter- 
mined  by  process  of  law. 


*Decisions  which  apply  only  to  rural  and  village  schools. 
tDecisions  which  apply  to  all  school  districts, 


Subdiv.  4]        DISTRICT  OFFICERS— POWERS  AND  DUTIES  45 

If  it  is  a  physical  impossibility  for  the  school  district  board  to  furnish  a  house  in  which 
the  school  may  be  taught,  the  teacher  could  not  draw  pay  during  the  time  school  is  closed  on 
account  of  the  burning  of  the  schoolhouse.  If  it  is  possible  for  the  board  to  provide  a  house 
in  which  the  school  may  be  taught,  the  teacher's  pay  will  continue  during  the  time  school  is 
closed  on  account  of  the  burning  of  the  schoolhouse.  It  might  be  well,  however,  for  the  teacher 
and  board  to  compromise  under  such  circumstances. 

So  far  as  schools  are  concerned,  the  statutes  of  Nebraska  make  no  provisions  for  legal  holi- 
days. A  teacher,  in  the  absence  of  any  provision  upon  the  matter  in  his  contract,  would  have 
no  authority  to  close  school  upon  the  so-called  holidays,  without  being  legally  required  to  make 
up  the  time  so  lost  to  the  district.  However,  a  district  board  has  authority  to  make  pro 
vision  for  closing  school  upon  such  days,  and  in  case  the  board  directs  that  school  be  closed 
upon  any  specified  day,  the  teacher  would  legally  draw  pay  for  such  time. 

A  teacher  may  make  up  lost  time  by  teaching  on  Saturdays  only  by  permission  of  the 
board. 

When  the  school  is  closed  for  a  few  days  in  order  to  repair  damages  done  to  the  build- 
ing by  a  storm,  the  teacher  is  not  bound  legally  to  make  up  the  time  so  lost,  providing  he  hold 
himself  in  readiness  to  continue  the  school  during  the  time  school  was  closed  by  order  of  the 
board.  • 

When  a  teacher  is  employed  for  a  definite  time  and  during  the  period  of  his  employ- 
ment the  district  officers  close  the  school  on  account  of  the  prevalence  of  an  epidemic  disease 
in  the  district  and  the  teacher  continues  ready  to  perform  his  contract,  he  is  entitled  to  full 
wages  during  such  period,  provided  there  is  nothing  in  the  contract  to  the  contrary.  Accord- 
ing to  a  recent  decision  of  the  supreme  court  a  teacher  cannot  collect  pay  on  such  a  contract  when 
school  is  closed  by  order  of  the  board  of  health. 

Sec.  12. — (11574) — Census. — Within  ten  days  previous  to  the  annual 
district  meeting,  the  director  shall  take  the  census  of  his  district,  and  make  a 
list  in  writing  of  the  names  of  all  the  children  belonging  thereto,  between  the 
ages  of  five  and  twenty-one  years,  together  with  the  names  of  all  the  tax- 
payers in  the  district.  In  case  of  the  absence  or  inability  of  the  director,  such 
census  shall  be  taken  by  the  moderator  or  treasurer  or  such  person  as  they 
may  appoint,  and  a  copy  of  such  list,  verified  by  the  oath  of  the  person  taking 
such  census,  by  affidavit  appended  to  or  endorsed  thereon,  setting  forth  that 
it  is  a  correct  list  of  the  names  of  all  children  belonging  to  the  district  between 
the  ages  of  five  and  twenty-one  years,  and  that  it  was  taken  within  ten  days 
preceding  the  annual  meeting,  shall  be  returned  with  the  annual  report  of  the 
director  to  the  county  superintendent;  Provided,  That  in  cities  of  the  first 
and  second  class,  thirty  (30)  days  shall  be  allowed  for  taking  said  census, 
said  census  to  be  completed  before  July  1. 

The  census  can  be  legally  taken  at  no  other  time  than  this.  No  special  census  report 
can  be  called  for. 

Marriage  will  not  exclude  from  the  census  list  persons  otherwise  entitled  to  be  enumer- 
ated. No  stated  length  of  time  is  required  that  children  must  live  in  a  district  before  they 
are  counted  in  the  census.  Children  brought  into  a  district  within  the  ten  days  during  which 
the  census  can  be  taken,  if  already  counted  in  the  district  from  which  they  came,  should  be 
listed  in  the  district  to  which  they  have  come,  and  stricken  from  the  other. 

The  home  of  a  child  is  usually  with  its  parents  or  guardians,  but  may  be  elsewhere.  A 
child  of  school  age  who,  bona  fide,  resides  in  a  district  for  other  than  school  purposes  is  enti- 
tled to  school  privileges,  and  its  name  should  be  included  in  the  school  census. 

Sec.  13. — (11575) — Supplies,  repairs. — The  director  shall,  with  the  con- 
currence of  the  moderator  and  treasurer,  or  either  of  them,  provide  the 
necessary  appendages  for  the  schoolhouse,  and  keep  the  same  in  good  con- 
dition and  repair  during  the  time  school  shall  be  taught  in  said  schoolhouse, 
and  shall  keep  an  accurate  account  of  all  expenses  incurred  by  him  as  direc- 
tor. Such  account  shall  be  audited  by  the  moderator  and  treasurer,  and  on 
their  written  order  shall  be  paid  out  of  the  general  school  fund. 

Section  13,  subdivision  5,  of  School  Laws,  provides  that  no  school  officer  shall  be  a  party 
to  any  school  contract  for  building  or  furnishing  supplies  except  in  his  official  capacity  as  a 
member  of  the  board.  This,  of  course,  does  not  apply  to  supplies  furnished  in  any  other  man- 
ner than  under  contact.  Section  13,  subdivision  4,  expressly  states  that  the  director  shall 
with  the  concurrence  of  the  other  members  of  the  board,  provide  the  necessary  appendages  for 


46  NEBRASKA  SCHOOL  LAWS  [Subdiv.  4 

the  schoolhouse  and  keep  an  account  of  all  expenses  incurred  by  him  as  director.  This 
section  clearly  implies  the  duty  of  the  director  to  provide  all  necessary  supplies  in  such  a  man- 
ner as  he  sees  fit  when  not  otherwise  directed  by  the  board.  His  account  must  be  audited  by 
the  board;  and  if  any  items  are  found  incorrect  or  any  charges  exorbitant,  corrections  can  be 
made  at  any  time. 

There  is  no  law  compelling  a  moderator  to  sign  a  contract  for  supplies.  His  signature 
is  not  necessary  to  the  validity  of  the  contract,  but  if  the  contract  was  made  at  a  meeting  of 
which  he  had  no  notice,  the  contract  itself  is  called  in  question.  It  has  been  decided  that  such 
contract  is  illegal.  A  contract  with  a  teacher  is  an  exception  to  this  rule. 

A  bill  against  a  school  district  should  be  made  out  in  due  form,  itemized,  and  presented 
to  the  board  for  their  consideration.  Action  should  be  taken  thereon  and  the  warrant  issued 
in  accordance  with  such  action.  The  director  should  be  justified  in  demanding  an  itemized 
statement.  He  is  responsible  for  drawing  orders  on  the  district  and  should  know  definitely 
for  what  purpose  the  monev  of  the  district  is  used,  so  that  he  may  be  able  to  report  to  the  voters 
at  the  annual  meeting.  The  director  must  also  make  out  an  itemized  statement  of  every  bill 
he  presents  for  expenses  incurred  by  him  in  his  official  capacity. 

A  member  of  the  committee  on  purchase  and  supplies  shall  not  be  a  party  to  furnish 
supplies  to  the  district,  except  in  his  official  capacity  as  a  member  of  the  board.  See  section 
l3,  subdivision  5,  School  Laws. 

The  director  of  a  school  district,  with  the  consent  of  the  moderator,  may  contract  for 
repairs  on  a  schoolhouse  of  the  district  during  vacation.  67  Neb.,  365. 

The  amount  of  money  to  be  used  in  the  repair  of  the  schoolhouse  is  in  the  discretion  of 
the  board  to  determine.  67  Neb.,  635. 

Sec.  14. — (11576) — Estimate  of  expenditures. — He  shall  present  at  each 
annual  meeting  an  itemized  estimate  of  the  amounts  necessary  to  be  expended 
during  the  ensuing  year  for  school  purposes,  and  for  the  payment  of  the 
services  of  any  school  district  officer;  but  no  tax  for  these  purposes  shall  be 
voted  at  any  special  meeting.  He  shall  also  present  to  the  annual  meeting  a 
statement  of  all  orders  drawn  on  the  county  treasurer,  and  the  amount  of 
each,  and  of  all  orders  on  the  district  treasurer,  and  the  amount  of  each,  for 
what  purpose  and  to  whom  given.  Before  adjournment  of  each  annual 
meeting  the  director  shall  read  the"  minutes  of  the  meeting  and  have  the 
same  corrected  and  approved  by  a  majority  vote  of  said  meeting. 

In  order  legally  to  pay  the  school  district  officers  a  salary,  it  is  necessary  that  provi- 
sions for  such  payment  be  made  at  the  annual  district  meeting;  but  it  is  not  within  the  author- 
ity of  the  annual  meeting  to  make  provision  for  the  payment  of  such  salary  for  more  than  the 
ensuing  year, 

Sec.  15. — (11577) — Notice  of  district  meeting. — He  shall  give  the  pre- 
scribed notice  of  the  annual  district  meetings,  and  all  such  special  meetings 
as  he  shall  be  required  to  give  notice  of,  in  accordance  with  the  provisions  of 
this  chapter,  one  copy  of  which  for  each  meeting  shall  be  posted  on  the  outer 
door  of  the  schoolhouse,  if  there  be  one. 

Sec.  16 — (11578) — District  orders. — He  shall  draw  and  sign  all  orders 
upon  the  treasurer  for  all  moneys  to  be  disbursed  by  the  district,  and  all 
warrants  upon  the  county  treasurer  for  moneys  raised  for  district  purposes, 
or  apportioned  to  the  district  by  the  county  superintendent,  and  present  the 
same  to  the  moderator,  to  be  countersigned  by  him,  and  no  warrant  shall  be 
issued  until  so  countersigned.  No  warrant  shall  be  countersigned  by  the 
moderator  until  the  amount  for  which  the  warrant  is  drawn  is  written  upon 
its  face.  The  moderator  shall  keep  a  record,  in  a  book  furnished  by  the  dis- 
trict, of  the  amount,  date,  purpose  for  which  drawn,  and  name  of  person  to 
whom  issued,  of  each  warrant  countersigned  by  him. 

It  is  the  duty  of  the  district  director  to  issue  orders  upon  the  county  treasurer  in  favor 
of  the  district  treasurer  for  money  on  hand  in  the  county  treasury,  in  order  that  the  district 
indebtedness  and  current  expenses  may  be  properly  paid.  In  case  the  director  refuses  without 
sufficient  reason  to  issue  such  orders  upon  the  county  treasurer,  he  may  be  compelled  to  do 
so  by  mandamus  proceedings  in  the  district  court.  See  22  Neb.,  52. 


Subdiv.  4]        DISTRICT  OFFICERS— POWERS  AND  DUTIES  47 

School  district  orders  are  subject  to  same  defense  against  a  bona  fide  holder  for  value 
as  against  the  payee.  4  Neb.,  359.  Cited  19  Id.,  564.  32  Id.,  370.  A  writ  of  mandamus 
cannot  issue  to  the  treasurer  of  a  school  district  requiring  payment  by  him  of  an  order  payable 
by  its  terms  at  a  fixed  time  in  the  future  and  in  the  meantime  drawing  interest  at  a  rate  per 
centum  defined  by  the  terms  of  the  order  itself.  39  Id.,  570.  Moderator  must  countersign 
all  proper  orders.  35  Neb.,  655. 

The  school  board  has  no  authority  to  draw  and  accept  orders  on  a  fund  which  the  dis- 
tict  has  proposed,  but  not  yet  raised.  4  Neb.,  360. 

Sec.  17. — (11579) — Report  of  census. — The  director  shall,  within  ten 
days  after  the  annual  district  meeting,  deliver  to  the  county  superintendent, 
to  be  filed  in  his  office,  a  report  under  oath,  showing  the  whole  number  of 
children  belonging  to  the  district  between  the  ages  of  five  and  twenty-one 
years  according  to  the  census  taken  aforesaid;  and  any  district  board  neglect- 
ing to  take  the  enumeration  and  make  a  return  of  the  same  shall  be  liable  to 
said  district  for  all  school  moneys  which  such  district  may  lose  by  such  neglect. 

Within  ten  days  after  the  annual  district  meeting,  the  director  shall 
report  to  the  county  superintendent,  to  be  filed  in  his  office  a  report  under 
oath,  showing: 

1st.  The  number  attending  school  during  the  year  under  five,  and  also 
the  number  over  twenty-one  years  of  age. 

2d.     The  whole  number  that  have  attended  school  during  the  year. 

3d.  The  whole  number  in  the  district  between  the  ages  of  eight  (seven) 
and  fourteen  (fifteen)  years,  inclusive. 

4th.  The  whole  number  in  the  district  between  the  ages  of  eight  (seven) 
and  fourteen  (fifteen)  years  inclusive,  that  have  attended  school  not  less 
than  twelve  weeks  during  the  school  year. 

5th.  The  length  of  time  the  school  has  been  taught  during  the  year  by  a 
qualified  teacher,  the  length  of  time  taught  by  each  teacher,  and  the  wages 
paid  to  each. 

6th.  The  total  number  of  days  all  scholars  between  the  ages  of  five  and 
twenty-one  years  have  attended  school  during  the  year. 

7th.  The  amount  of  money  received  from  the  county  treasurer  during 
the  year,  and  the  amount  of  money  expended  by  the  district  during  the  year. 

8th.     The  number  of  mills  levied  for  all  school  purposes. 

9th.     The  kind  of  books  used  in  the  school. 

10th.  Number  of  children  to  whom  text-books  are  furnished,  and  kind 
of  books. 

llth.     The  amount  of  bonded  indebtedness. 

12th.     Such  other  facts  and  statistics  as  the  superintendent  shall  direct. 

The  penalty  incurred  by  a  failure  to  report  correctly  the  items  in  the  first  paragraph 
of  this  section  applies  equally  to  the  others.  Should  the  director  not  send  in  a  complete  report, 
it  is  the  duty  of  the  county  superintendent  to  return  it  for  correction.  The  report  must  be  made 
under  oath.  See  section  10,  subdivision  11. 

Sec.  18. — (11580) — County  superintendent  administer  oaths. — For  the 
purpose  of  attesting  school  reports  and  other  purposes  connected  with  the 
administration  of  the  school  law,  county  superintendents  are  hereby  author- 
ized to  administer  the  required  oaths. 

Sec.  19. — (11581) — Statement  of  assessed  valuation. — It  shall  be  the  duty 
of  the  director  to  furnish,  for  the  use  of  the  annual  meeting  of  each  year,  a 


48  NEBRASKA  SCHOOL  LAWS  [Subdiv.  5 

statement  of  the  aggregate  assessed  valuation  of  all  property  in  the  district, 
and  the  amount  of  taxes,  as  near  as  may  be,  that  will  be  collected  for  the  use 
of  the  district. 


SUBDIVISION  V.— DISTRICT  BOARD,  POWERS  AND  DUTIES. 

Section  1. — (11582) — District  board — Quorum,  meeting. — The  moder- 
ator, director,  and  treasurer  shall  constitute  the  district  board,  and  in  all 
meetings  of  the  board  two  members  shall  constitute  a  quorum  for  the  tran- 
saction of  business.  Meetings  of  the  board  may  be  called  upon  the  agreement 
of  two  members,  but  all  members  shall  have  notice  of  the  time  and  place  of 
meeting. 

A  contract  entered  into  and  signed  by  persons  styling  themselves  as  director  and  mod- 
erator of  a  school  district  is  their  individual  contract  and  not  binding  on  the  district/  4  Neb., 
254.  The  action  of  a  majority  of  the  board  will  not  bind  the  district  without  notice  to  or  par- 
ticipation therein  of  the  other  members.  Id. 

A  contract  with  a  teacher  is  an  exception  to  this  rule.     13  Neb.,  69.     35  Id.,  655. 

Sec.  2. — (11583) — Report  of  taxes  voted. — Immediately  after  the  annual 
district  meeting,  and  not  later  than  the  first  Monday  in  July,  said  board  shall 
make  and  deliver  to  the  county  superintendent,  and  also  to  the  county  clerk 
of  each  county  in  which  any  part  of  the  district  is  situated,  reports  in  writing 
under  their  hands,  of  all  taxes  voted  by  the  district  during  the  current  school 
year,  to  be  levied  on  the  taxable  property  of  the  district,  and  to  be  collected 
by  the  county  treasurer  at  the  same  time,  and  in  the  same  manner  as  the  state 
and  county  taxes  are  collected;  and  when  collected,  to  be  paid  over  to  the 
treasurer  of  the  proper  district  on  the  order  of  the  director,  countersigned  by 
the  moderator  of  said  district.  It  shall  be  the  duty  of  the  county  clerk  to 
levy  such  taxes,  if  voted  according  to  law. 

Taxes  were  voted  by  a  district  while  comprising  three  townships.  Before  the  levy  2$ 
townships  were  detached.  Held,  Taxes  should  be  levied  on  the  district  as  it  existed  at  the  time 
of  the  levy.  9  Neb.,  336.  But  where  such  taxes  were  leyed  in  the  district  as  it  existed  at 
the  time  they  were  voted  and  collected  from  property  therein;  held,  that  the  new  district  could 
recover  from  the  old  the  amount  collected  in  its  territory.  Id.  When  a  district  board  refuses 
to  act,  it  may  be  compelled  to  perform  its  lawful  duties  by  a  writ  of  mandamus.  11  Neb., 
359. 

Sec.  3. — (11584) — General  care  of  school. — The  district  boards  shall 
have  the  general  care  of  the  schools,  and  shall  have  the  power  to  cause  pupils 
to  be  taught  in  such  branches  and  classified  in  such  grades  or  departments  as 
may  seem  best  adapted  to  a  course  of  study  which  the  school  boards  of  any 
county  shall  establish  by  the  consent  and  advice  of  the  county  superintendent 
thereof,  and  the  school  board  of  each  district  shall  cause  a  record  of  the  ad- 
vancement in  each  branch  of  study  of  all  the  pupils  to  be  kept  in  a  book  to  be 
provided  for  this  purpose;  and  it  is  hereby  made  the  duty  of  each  district 
board,  or  of  one  of  their  number  empowered  by  the  board,  to  attend  all  meet- 
ings called  by  the  county  superintendent  for  the  purpose  of  adopting  or 
revising  a  course  of  study  for  the  advancement  of  district  schools,  of  making 
rules  and  regulations  as  they  may  think  necessary  for  the  government  and 


Subdiv.  5]      DISTRICT  BOARD— POWERS  AND  DUTIES  49 

health  of  the  pupils,  and  of  devising  such  means  as  may  seem  best  to  secure 
regular  attendance  and  progress  of  children  at  school. 

*(a)  If  it  is  the  wish  of  a  large  majority  of  the  patrons  of  the  district  that  a  foreign  lan- 
guage be  taught,  the  board  would  have  authority  to  allow  this  to  be  a  part  of  the  course  of  study. 
A  foreign  language  should  not  be  used  as  the  medium  of  instruction  in  other  branches,  but 
may  be  studied  simply  as  a  language. 

The  parent  has  a  right  to  make  a  reasonable  selection  of  the  studies  he  desires  his  child 
to  pursue  from  the  course  prescribed  by  the  district  baard:  and  this  selection  must  be  respected 
by  the  trustees,  as  the  right  of  the  parent  in  this  regard  is  superior  to  that  of  the  trustees 
and  the  teacher.  31  Neb.,  552. 

t(b)  Our  statutes  confer  upon  the  school  board  the  power  "to  make  such  rules  and 
regulations  as  they  may  think  necessary  for  the  government  of  the  scholars."  This  grant  of 
authority  includes  the  right  to  require  excuses  for  absence  and  tardiness.  It  ought  to  be  re- 
membered, however,  that  very  much  depends  upon  the  manner  of  enforcement  of  such  a  rule. 
A  regulation  harmless  and  proper  in  itself  might  be  enforced  in  such  a  way  as  to  render  it  exceed- 
ingly obnoxious  and  almost  unendurable  to  parents  and  pupils.  If  a  certain  rule  is  benefi- 
cial to  the  school,  it  ought  not  to  be  difficult  to  convince  parents  of  its  usefulness;  for  certainly 
no  one  is  more  interested  in  the  welfare  of  the  school  than  the  parents  who  entrust  their  chil- 
dren to  its  instruction  and  discipline.  Attendance  rules  should  be  enforced  with  the  greatest 
courtesy  and  consideration,  and  they  will  encounter  no  serious  opposition  from  the  parents 
for  the  benefit  of  whose  children  they  are  intended. 

It  seems  quite  reasonable  that,  after  the  last  primary  class  is  once  fairly  started,  no  pupils 
should  be  permitted  to  enter  the  school  unless  they  can  pursue  the  studies  of  some  class  already 
formed;  otherwise  the  one  or  two  who  enter  later  will  require  as  much  time  and  attention  from  the 
teacher  as  would  an  entire  class.  As  a  rule,  pupils  who  are  too  young  to  enter  the  lowest  exist- 
ing class  will  lose  very  little  by  waiting  until  the  beginning  of  the  next  term.  In  fact,  in  most 
cases,  it  would  be  better  for  them  to  do  so.  Such  a  regulation  seems,  therefore,  to  be  proper 
and  reasonable  and  within  the  power  of  the  district  board;  and  to  secure  the  sympathy  and 
co-operation  of  the  people,  it  ought  to  meet  with  no  resistance. 

The  school  trustees  have  authority  to  classify  and  grade  the  scholars  in  the  district  and 
cause  them  to  be  taught  in  such  departments  as  they  may  deem  expedient;  they  may  also  pre- 
scribe the  courses  of  study  and  text  books  for  the  use  of  the  school,  and  such  reasonable  rules 
and  regulations  as  they  may  think  needful.  They  may  also  require  prompt  attandence,  re- 
spectful deportment  and  diligence  in  study.  The  parent,  however,  has  a  right  to  make  a  reas- 
onable selection  from  the  prescribed  courses  of  study  for  his  child  to  pursue,  and  this  selection 
must  be  respected  by  the  trustees,  as  the  right  of  the  parent  in  that  regard  is  superior  to  that 
of  the  trustees  and  the  teacher.  31  Neb.,  552: 

The  district  school  board  is  specially  invested  by  the  statutes  with  the  general  care  and 
management  of  the  school  and  the  employment  of  teachers;  and,  as  an  incident  to  these  powers, 
has  a  right  to  discharge  a  teacher  for  incompetency,  or  for  any  other  sufficient  cause,  at  the 
will  and  pleasure  of  a  majority  of  its  members.  Maxwell  J.,  dissenting.  (Bays  vs.  State,  6 
Neb.,  167.) 

The  board  may  discharge  a  teacher  who,  for  any  cause,  is  found  incompetent.  6  Neb., 
173.  Cited  31  Id.,  552. 

There  is  no  express  statute  in  this  state  making  vaccination  compulsory  or  imposing  it 
as  a  condition  upon  the  privilege  of  attending  our  public  schools,  neither  have  we  a  supreme 
court  decision  bearing  upon  this  particular  point.  Our  supreme  court  has  decided,  however, 
that  a  school  board  has  the  power  to  adopt  and  enforce  appropriate  and  reasonable  rules  and 
regulations  for  the  government  and  management  of  the  school  under  its  control.  The  ques- 
tion of  the  right  of  a  school  board  to  exclude  pupils  from  school  if  they  are  not  vaccinated  has 
been  passed  upon  by  the  supreme  court  of  Michigan.  The  decision  rendered  is  to  the  effect 
that  a  standing  rule  prohibiting  unvaccinated  pupils  from  attending  school  could  not  be  estab- 
lished, though  temporarily  during  an  epidemic  the  board  may  exclude  persons  who  have  not 
been  vaccinated.  The  supreme  court  of  Indiana  has  held  that  a  local  board  of  health  has 
power  to  require  that  no  unvaccinated  child  be  allowed  to  attend  the  public  school  during  the 
continuance  of  a  threatened  smallpox  epidemic. 

Under  the  existing  statutes  of  Nebraska  and  in  the  light  of  these  supreme  court  deci- 
sions, it  is  the  ruling  of  this  department  that  a  standing  rule  prohibiting  unvaccinated  pupils 
from  attending  school  could  not  be  enforced,  though  temporarily  during  an  epidemic  of 
smallpox,  the  board  may  exclude  persons  who  have  not  been  vaccinated. 

Sec.  4. — (11585) — Non-resident  pupils. — Said  board  may  also  admit  to 
the  district  school  non-resident  pupils,  and  may  determine  the  rates  of  tuition 
of  such  pupils  and  collect  the  same  in  advance,  but  no  tuition  shall  be  charged 
such  children  as  are  or  may  be  by  law  allowed  to  attend  such  school  without 
charge. 

Under  the  statutes  of  Nebraska  (section  3,  678  C.  S.,  1905),  the  minority  of  a  femaia 
child  ends  at  the  age  of  eighteen  years.  Where  a  woman  between  eighteen  and  twenty-one 


•Decisions  which  apply  only  to  rural  and  village  schools, 
t  Decisions  which  apply  to  all  school  districts.    33:3.^ 


50  NEBRASKA  SCHOOL  LAWS  [Subdiv.  5 

years  of  age  elects  in  good  faith  to  make  her  residence  in  a  certain  school  district,  and  does  actu- 
ally reside  therein,  she  has  the  right  to  free  school  privileges  in  said  district. 

Children  of  school  age  are  entitled  to  free  school  privileges  only  in  the  district  in  which 
their  parents,  or  the  ones  standing;  in  the  relation  of  parents,  or  legal  guardians  make  their 
legal  residence.  To  be  a  legal  guardian  one  must  have  been  so  recognized  by  a  court  of  proper 
jurisdiction,  with  such  guardianship  made  a  matter  of  record  by  the  court. 

The  supreme  court  has  decided  that:  The  father  of  a  child  of  school  age,  or  one  stand- 
ing in  loco  parentis  to  the  child,  may  maintain  an  action  to  compel  the  directors  of  a  school 
district  to  allow  the  child  to  attend  school  in  the  district  where  the  child  is  a  bona  fide  resident. 
Where  a  child  of  school  age  is  wrongfully  denied  admission  to  the  public  school  of  a  district, 
an  injunction  may  properly  issue  to  restrain  the  directors  of  a  school  from  interfering  with  his 
attendance.  Commissioners'  Opinion,  Department  No.  3,  Nebraska  Reports  (Herdman,) 
Vol.  II.,  1901-1902,  pages  238-242.  The  court  in  expounding  this  ruling  said:  "Where  a 
child  with  the  consent  of  his  parents  eoes  to  live  in  the  family  of  another  as  a  member  of 
the  family  and  under  an  agreement  that  that  is  to  be  his  home,  and  that  he  is  to  becared  for  and 
provided  with  school  facilities,  he  becomes  a  bona  fide  resident  of  the  district  where  living, 
and  the  person  with  whom  he  resides  occupies  the  jalation  of  a  parent,  stands  in  loco  parentis, 
and  may  demand  for  him  every  right  to  which  his  own  son  is  entitled." 

A  person  who  graduates  from  the  public  schools  of  Nebraska  does  not  lose  his  privilege 
of  attending  school  by  reason  of  his  graduation.  He  has  a  right  to  continue  the  same  studies 
in  the  same  s  hool  and  will  have  the  same  privileges  as  the  school  guarantees  to  other  pupils 
in  the  matter  of  text  books,  etc.,  providing  no  separate  classes  are  required  for  his  instruction. 

The  residence  of  a  pupil  is  usually  with  his  parents,  if  living,  but  may  be  elsewhere. 
Children  sent  into  the  district  just  to  board  and  attend  sc-hool  are  not  residents.' 

Sec.  4a. — (11823) — Attendance  at  a  nearer  school. — When  children  of 
school  age  reside  with  their  parents  or  guardians  more  than  one  and  one-half 
miles  from  the  schoolhouse  in  their  own  district,  and  at  least  one-half  mile 
nearer  to  the  schoolhouse  in  an  adjoining  district,  said  distances  to  be  measure^ 
by  the  shortest  route  possible  upon  section  lines  or  traveled  roads  open  to  the 
public,  such  children  may  have  school  privileges  in  the  said  adjoining  dis- 
trict instead  of  in  the  district  of  their  residence,  under  the  following  condi- 
tions, to  wit:  The  parent  or  guardian  of  such  children  shall,  at  or  before  each 
annual  meeting,  notify  the  county  superintendent  of  each  district  affected, 
using  such  form  of  notice  as  the  state  superintendent  shall  prescribe,  which 
notice  shall  state  the  distance  as  herein  provided  and  shall  be  attested  by  the 
signature  of  a  legal  voter  and  taxpayer  of  the  district  in  which  said  children 
or  wards  reside,  and  the  signature  of  a  majority  of  the  members  of  the  school 
board  of  the  district  in  which  said  children  or  wards  desire  school  privileges, 
in  addition  to  the  signature  of  such  parent  or  guardian;  and  said  county 
superintendent  shall  notify  the  director  of  each  district  to  transfer  such  per- 
son, together  with  such  children  or  wards,  to  said  adjoining  district  for  school 
purposes  for  the  year  next  ensuing,  and  it  shall  be  the  duty  of  said  county 
superintendent  to  see  that  the  said  children  or  wards  are  enumerated  in  the 
said  adjoining  district  and  not  in  the  district  of  their  residence.  The  county 
superintendent  shall  notify  the  county  clerk  of  the  said  transfer,  and  the 
said  county  clerk  shall  be  empowered,  and  it  is  hereby  made  his  duty,  to 
place  the  school  taxes,  except  for  the  payment  of  existing  bonds  or  interest 
on  the  same,  of  the  said  parents  or  guardians  and  of  the  real  estate  on  which 
they  reside,  not  exceeding  a  quarter  section  of  land,  for  the  year  next  ensuing, 
in  the  said  adjoining  district  instead  of  in  the  district  of  their  residence,  basing 
such  school  taxation  upon  the  levy  for  school  purposes  in  said  adjoining  dis- 
trict, and  the  assessed  valuation  of  the  property  of  such  parents  or  guardians 
and  said  real  estate  as  determined  by  the  proper  officers,  and  the  said  taxes 
shall  be  collected  as  provided  by  law  for  other  taxes;  Provided,  That  when 
such  transfer  shall  have  been  made,  such  children  continue  to  have  school 
privileges  in  said  adjoining  district  until  their  parents  or  guardians  shall,  in 


Subdiv.  5]       DISTRICT  BOARD— POWERS  AND  DUTIES  51 

writing  notify  the  county  superintendent  of  their  desire  to  be  again  trans- 
ferred to  the  district  of  their  residence,  or  shall  remove  from  said  real  estate; 
in  either  event,  the  county  superintendent  shall  notify  the  county  clerk  of 
such  re-transfer,  and  the  taxes  of  said  parent  or  guardian  and  real  estate  shall 
again  be  placed  in  the  district  of  their  residence. 

Provided,  further,  That  the  parents  or  guardians  of  the  pupils  so  trans- 
ferred shall  have  the  right  to  vote  in  the  district  to  which  such  pupils  are 
transferred  on  all  school  matters  except  that  of  issuing  bonds. 

A  person  transferred  under  this  section  is  eligible  to  school  office  in  the  district  to  which 
he  is  transferred. 

The  transfer  of  pupils  provided  for  in  section  4a,  subdivision  5,  of  the  School  Laws, 
is  made  entirely  independent  of  any  action  of  the  annual  district  meeting  of  either  district 
affected.  In  other  words,  the  annual  district  meeting  has  no  power  to  authorize  or  prevent 
such  transfer. 

The  application  for  transfer  must  be  made  not  later  than  the  annual  meeting.  The 
county  superintendent  may  notify  the  directors  a  little  later,  but  the  county  superintendent 
should  be  notified  by  the  applicant  not  later  than  the  annual  meeting  in  order  that  the  transfer 
may  be  legally  made. 

Children  transferred  to  an  adjoining  district  under  section  4a,  subdivision  5,  are  in- 
cluded in  the  census  of  said  adjoining  district  and  their  share  of  the  apportionment  is  paid  to 
such  district.  There  is  no  statutory  provision  authorizing  the  payment  of  a  pupil's  share  of 
the  state  apportionment  to  the  credit  of  any  district  other  than  that  in  which  said  pupil  is 
enumerated. 

Pupils  transferred  from  one  district  to  another  under  section  4a,  subdivision  5,  should 
attend  the  nearest  school  of  the  adjoining  district. 

The  property  of  a  person  transferred  under  the  provisions  of  this  section  would  be  taxed 
for  free  high  school  tuition  of  other  pupils  living  in  the  district  to  which  he  is  transferred,  or 
if  there  is  a  high  school  in  the  district  to  which  he  is  transferred,  his  property  would  be  taxed 
for  the  maintenance  of  such  high  school. 

When  a  transfer  has  been  made  under  section  4a,  subdivision  5,  it  becomes  a  matte1" 
of  record.  The  reports  from  the  two  districts  are  made  up  on  the  basis  of  the  change,  the  schoo1 
apportionment  is  made  out  on  that  basis,  the  taxes  of  the  party  have  been  transferred  and 
there  seems  to  be  no  way  by  which  he  may  be  re-transferred  until  the  next  annual  meeting. 

In  case  a  renter,  who  has  his  children  and  taxes  transferred  to  an  adjoining  district 
under  section  4a,  subdivision  5,  removes  from  the  district,  and  another  renter  occupies  the  resi" 
dence  vacated  by  the  former,  the  second  renter  would  have  free  school  privileges  only  in  the 
district  of  his  residence. 

If  a  transfer  was  made  before  a  change  of  site  was  ordered  by  the  annual  meeting,  when 
the  reasons  for  granting  such  transfer  were  modified  by  such  change  of  site,  such  a  transfer  would 
become  null  and  void. 

The  law  makes  no  provision  for  the  director  of  an  adjoining  district  to  reject  pupil8 
who  are  transferred  under  the  provisions  of  section  4a,  subdivision  5. 

The  distances  spoken  of  in  section  4a,  subdivision  5,  are  to  be  measured  by  the 
shortest  route  possible  upon  section  lines  or  roads  open  to  the  public.  Section  lines  are  not 
recognized  as  roads  within  the  meaning  of  section  4a,  until  they  have  been  declared  open  by 
the  county  board.  If  the  section  line  is  not  open  to  the  public,  it  is  not  to  be  taken  into  account 
in  measuring  the  distance. 

Whenever  the  public  generally  is  permitted  to  travel  over  a  certain  road  without  objec 
tion  or  hindrance  by  the  owner  of  the  land,  and  the  road  is  used  to  some  extent  in  that  way, 
such  a  road  is  a  "traveled  road  open  to  the  public"  within  the  meaning  of  section  4a. 

Where  a  tract  of  land  upon  which  there  is  a  railroad  bed  is  transferred  under  the  pro- 
visions of  section  4a,  subdivision  5,  School  Laws,  the  taxes  accruing  from  such  railroad  bed  do 
not  transfer. 

A  renter  is  entitled  to  the  privileges  mentioned  in  section  4a,  subdivision  5.  The  county 
clerk  is  empowered  and  it  is  made  his  duty,  to  place  the  school  taxes  (except  for  the  payment 
of  existing  bonds  or  interest  on  the  same)  of  the  said  parents  or  guardians  and  of  the  real  estate 
on  which  they  reside,  not  exceeeding  a  quarter  section  of  land,  for  the  year  next  ensuing  in  the 
said  adjoining  district  instead  of  the  district  of  their  residence.  Note  that  it  is  all  the  taxes 
of  said  parents  or  guardians  including  the  taxes  of  the  real  estate  on  which  said  parents  or 
guardians  reside,  notwithstanding  the  fact  that  they  may  be  living  on  land  which  does  not 
belong  to  them. 

The  county  superintendent  would  have  authority  to  revoke  a  transfer  to  a  nearer  school 
under  section  4a,  subdivision  5,  if  upon  investigation  he  finds  the  conditions  do  not  comply 
with  the  law.  If  it  is  granted  upon  misrepresentation,  it  is  his  duty  to  revoke  the  transfer. 

In  case  a  party  who  desires  to  be  transferred  under  section  4a,  subdivision  5,  cannot 
secure  signatures  to  his  petition,  there  seems  to  be  no  way  in  which  the  transfer  can  be  made. 

Parents  or  guardians  of  the  pupils  so  transferred  shall  have  the  right  to  vote  in  the  dis- 
trict to  which  such  pupils  are  transferred  on  all  school  matters  except  that  of  issuing  bonds. 
They  would  have  the  right  to  vote  on  the  issuance  of  bonds  in  the  original  district. 


52  NEBRASKA  SCHOOL  LAWS  [Subdiv.  5 

Does  not  apply  to  citizens  of  another  state  seeking  trunyier  to  JNebrasica  for  public  school 
purpose... 

Sec.  4b. — (11824) — Transportation  of  pupils. — That  a  board  of  educa- 
tion of  a  city,  or  a  board  of  trustees  of  a  high  school  district,  by  a  two-thirds 
vote  of  the  entire  board,  or  a  district  board  of  any  school  district  in  this  state 
when  authorized  by  a  two-thirds  vote  of  those  present  at  any  annual  or  special 
meeting,  is  hereby  empowered  to  make  provision  for  the  transportation  of 
pupils  residing  within  said  district  to  any  other  school  (within  said  district) 
to  which  said  pupils  may  lawfully  attend,  whenever  the  distance  from  such 
school  shall  render  it  impracticable  for  said  pupils  to  attend  without  trans- 
portation. 

Sec.  4c. — (11825) — Instruction  in  neighboring  district. — That  a  board  of 
trustees  of  a  high-school  district,  or  a  district  board  of  a  school  "district  in  this 
state,  when  authorized  by  a  two-thirds  vote  of  those  present  at  any  annual 
or  special  meeting,  is  hereby  empowered  to  contract  with  the  district  board 
of  any  neighboring  district  for  the  instruction  of  (all)  pupils  residing  in  the 
first  named  district  in  schools  maintained  by  the  neighboring  district,  and  to 
make  provision  for  the  transportation  of  said  pupils  to  the  above  named 
school  of  the  neighboring  district  under  the  conditions  named  in  the  preceding 
section;  Provided,  That  school  districts  thus  providing  instruction  for  their 
children  in  neighboring  districts  shall  be  considered  as  maintaining  a  school 
as  required  by  law;  Provided,  further,  That  the  teacher  of  the  last  named 
school  shall  keep  a  separate  record  of  attendance  of  all  pupils  from  the  first 
named  district  and  make  a  separate  report  to  the  director  of  said  district. 

Sec.  5. — (11586) — Suspension  of  pupils. — They  may  authorize  or  order 
the  suspension  or  expulsion  from  the  school,  whenever  in  their  judgment  the 
interests  of  the  school  demand  it,  of  any  pupil  guilty  of  gross  misdemeanors 
or  persistent  disobedience,  but  such  suspension  shall  not  extend  beyond  the 
close  of  the  term. 

This  section  gives  school  boards  authority  to  suspend  pupils.  There  is  no  law  for  refer- 
ring such  questions  to  a  special  district  meeting,  and  it  will  save  acrimony  if  the  board,  after 
cpnsulting  with  the  teacher  or  teachers,  will  settle  all  such  matters  with  the  least  possible  public 
disturbance. 

The  right  to  suspend  or  expel  vests  in  the  board,  but  may  be  exercised  by  the  teacher  in 
emergencies,  with  immediate  reference  to  the  board  for  final  action. 

The  statute  empowers  the  school  district  board  to  suspend  or  expel  pupils  from  the 
school,  and  it  also  provides  that  "such  suspension  shall  not  extend  beyond  the  close  of  the 
term."  The  expression  "term"  is  not  defined  in  the  statutes.  In  the  absence  of  any  defini- 
tion on  the  part  of  the  board,  the  word  term  would  naturally  apply  to  the  entire  period  during 
which  school  is  in  session  during  the  school  year.  But  where  the  school  district  board  has 
made  and  adopted  a  series  of  rules  by  which  the  school  year  is  divided  into  specific  terms,  the 
board  would  have  no  authority  to  suspend  a  pupil  for  a  period  extending  beyond  the  close  of 
the  current  term  as  defined  in  said  rules.  (See  also  III,  Board). 

Control  of  pupils  outside  of  school  hours. — Let  us  divide  the  question  at  issue  into  two 
parts;  first,  the  teacher's  authority  over  pupils  on  the  way  to  and  from  school;  and  second,  his 
authority  over  pupils  at  other  times  and  places  than  in  school,  on  school  grounds,  on  the  way  to 
and  from  school,  or  during  school  hours.  The  laws  of  Nebraska  do  not  touch  directly  upon  the 
matter  of  the  teacher's  authority  over  pupils  on  the  way  to  and  from  school.  Several  decisions 
of  different  supreme  courts,  however,  seem  to  indicate  that  where  there  is  no  statutory  provision 
to  the  contrary,  the  teacher  may  exercise  a  reasonable  control  over  pupils  on  the  way  to  and  from 
the  schoolhouse  in  all  matters  of  conduct  which  affect  the  interest  and  discipline  of  the  school. 
This  authority  must  be  exercised  with  great  discretion  on  the  part  of  the  teacher,  and  he  will  be  liable 
for  any  flagrant  perversion  or  abuse  of  it:  The  teacher  stands  in  the  place  of  the  parent  at  school 
and  has  the  same  jurisdiction  over  the  conduct  of  the  pupil  there  that  the  parent  has  at  home.  It 
seems  to  be  a  simple  deduction  from  this  principle  that  the  teacher  has  authority  over  the  pupils 
at  all  times  when  they  are  thrown  together  in  consequence  of  their  attendance  at  school,  and  it 
would  be  very  disastrous  to  school  discipline  if  the  teacher  were  denied  a  reasonable  control  over 
the  actions  of  the  pupils  on  the  way  to  and  from  the  schoolhouse.  This  right,  therefore,  seems  to 
belong  to  the  teacher  by  implication  without  any  express  statement  of  law  to  that  effect. 


Subdiv.  5]       DISTRICT  BOARD— POWERS  AND  DUTIES  53 

For  acts  committed  in  or  about  the  homes  of  the  pupils,  it  would  avoid  a  source  of  much 
trouble  and  irritation  if  the  teacher  would  consult  with  the  parents,  reasoning  with  them,  if  they 
are  reasonable,  and  parents  usually  are  when  the  facts  are  fairly  stated  and  they  see  that  some 
action  is  necessary  for  the  good  of  their  own  children.  Teachers  should  not  be  arbitrary  or  dicta- 
torial. 

It  has  long  been  the  ruling  of  this  department  that  a  teacher  has  the  legal  right  to  detain 
pupils  after  the  regular  school  hours,  when  circumstances  make  it  necessary. 

Corporal  punishment. — The  statutes  of  Nebraska  are  silent  as  to  the  right  of  a  teacher  to 
inflict  corporal  punishment,  and  the  matter  seems  never  to  have  been  brought  before  our  supreme 
court;  but  the  holdings  of  supreme  courts  of  other  states  are  quite  uniform  and  positive  in  the 
matter,  and  are  in  substance  as  follows:  A  teacher  in  charge  of  a  school  stands  in  the  place  of  the 
parent  while  the  pupils  are  under  his  or  her  control  and  has  the  same  right  to  command  and  to 
enforce  obedience  which  the  parent  has  in  the  home.  This  right  includes  the  infliction  of  corporal 
punishment  in  a  reasonable  manner  and  with  the  proper  motive.  If  it  can  be  shown  that  the  pun- 
ishment was  cruel  or  excessive  or  inflicted  with  malice  on  the  part  of  the  teacher,  then  such  teacher 
is  liable  to  prosecution  and  punishment.  As  a  matter  of  educational  policy,  there  is  no  question 
that  corporal  punishment  is  to  be  used  only  as  a  last  resort ;  and  our  best  teachers  almost  invariably 
succeed  in  avoiding  it.  Nevertheless  there  are  cases,  growing  out  of  unusual  perversity  or  unfor- 
tunate influences  at  home,  which  make  its  use  advisable  and  sometimes  even  indispensable.  While 
the  constant  aim  of  the  teacher  and  school  board  should  be  to  reduce  the  use  of  this  method  of 
discipline  to  a  minimum,  there  can  be  no  question  as  to  the  legal  right  of  the  board  to  authorize, 
and  of  the  teacher  to  employ,  corporal  punishment,  under  proper  circumstances,  in  the  proper 
manner  and  with  the  proper  motive. 

The  law  empowers  a  school  board  to  suspend  or  expel  a  pupil  from  school  who  is  guilty 
of  gross  misdemeanors  or  persistent  disobedien.ce,  whenever  in  their  judgment  the  interests 
of  the  school  demand  it;  but  such  suspension  shall  not  extend  beyond  the  close  of  the  term. 
In  case  of  emergency  the  teacher  may  suspend  a  pupil  and  refer  his  actions  and  the  reasons 
therefor  immediately  to  the  board.  (See  also  IX.  Pupil.) 

School  boards  are  empowered  to  make  rules  governing  their  schools.  If  they  see  fit 
to  admit  a  pupil  who  has  been  expelled  they  have  a  perfect  right  to  do  so. 

"An  action  of  mandamus  will  lie  and  may  be  maintained  to  reinstate  a  pupil  in  a  school, 
if  the  action  of  the  officer  or  officers  by  which  the  party  was  refused  admission  to  or  continu- 
ance in  the  school  was  an  arbitrary  or  capricious  exercise  of  authority."  57  Neb.,  183. 

Sec.  6. — (11587) — Site,  purchase,  lease,  and  sale. — They  shall  purchase 
or  lease  such  site  for  a  school  house  as  shall  have  been  designated  by  the  dis- 
trict, in  the  corporate  name  thereof,  and  shall  build,  hire,  or  purchase  such 
schoolhouse  out  of  the  fund  provided  for  that  purpose,  and  shall  make  sale 
and  conveyance  of  any  site  or  other  property  of  the  district,  when  lawfully 
directed  by  the  qualified  voters  at  any  annual  or  special  meeting;  Provided, 
That  the  qualified  voters  of  the  district  may  appoint  a  building  committee  to 
let  contracts  for  and  take  charge  of  the  work  of  building  such  schoolhouse 

Subject  to  certain  restrictions,  the  qualified  electors  of  school  districts  are  intrusted 
with  the  power  to  determine  what  sort  of  a  schoolhouse  shall  be  erected,  and  the  extent  of  the 
expenditures  therefor;  and  when  so  determined  the  school  board  has  no  authority  to  change 
the  same,  and  thus  bind  the  district  for  an  increased  expenditure. 

It  is  within  the  authority  of  the  school  board  to  make  temporary  arrangements  for 
carrying  on  the  school  whenever  this  matter  is  neglected  at  the  annual  district  meetings.  The 
school  board  should  rent  a  building  and  pay  for  the  same  out  of  the  funds  01"  the  district.  It 
is  not  only  a  right  but  it  would  be  a  duty  incumbent  on  the  school  board,  to  so  provide  room 
and  teachers  for  the  pupils  of  the  district. 

Building  Committee  45  Neb.,  239. 

Sec.  6a. — (11595) — Outhouses. — It  shall  be  the  duty  of  schdol  district 
boards  to  provide  on  every  schoolhouse  site,  and  keep  in  good  repair  and  in 
clean  and  healthful  condition,  at  least  two  separate  water  closets  or  privies, 
located  on  those  portions  of  the  site  the  farthest  from  the  main  entrance  to 
the  schoolhouse,  and  as  far  from  each  other  as  the  surrounding  condition  will 
permit;  Provided,  That  where  adequate  and  separate  interior  closets  are. 
provided  and  maintained  in  good  repair  and  healthful  condition,  the  forego- 
ing condition  of  this  act  need  not  apply. 

Sec.  7. — (11588) — Title  to  site. — The  district  shall  not  in  any  case  build 


54  NEBRASKA  SCHOOL  LAWS  [Subdiv.  5 

a  stone  or  brick  schooinouse  upon  any  site,  without  having  first  obtained  a 
title  in  fee  to  the  sarne;  and,  also,  that  they  shall  not  in  any  case  build  a  frame 
schoolhouse  on  any  site  for  which  they  have  not  a  title  in  fee,  without  the 
privilege  to  move  the  same  when  lawfully  directed  to  do  so  by  the  qualified 
voters  of  the  district  at  any  annual  or  special  meeting. 

Sec.  8. — (11589) — Payment  of  school  moneys. — The  district  board  shall 
apply  and  pay  over  all  school  moneys  belonging  to  the  district  in  accordance 
with  the  provisions  of  law  regulating  the  same,  as  may  be  directed  by  the 
district,  but  no  school  money  apportioned  to  any  school  district  shall  be 
appropriated  to  any  other  use  than  the  payment  of  teachers'  wages;  and  no 
part  thereof  shall  be  paid  to  any  teacher  who  shall  not  have  received  a  cer- 
tificate as  required  in  this  chapter,  before  the  commencement  of  his  or  her 
school. 

Sec.  9. — (11590) — Care  and  custody  of  school  property. — The  said  board 
shall  have  the  care  and  custody  of  the  schoolhouse  and  other  property  of  the 
district,  except  so  far  as  the  same  shall  be  confined  to  the  custody  of  the 
director. 

This  section  has  given  rise  to  much  controversy,  and  many  disputed  points  still  remain 
unsettled.  The  following  opinions  seem  to  be  well  founded: 

1.  The  schoolhouse  was  erected  for  school  purposes,  and  cannot  legally  be  used  for 
any  other  purpose  that  will  interfere  with  its  use  for  this. 

2.  A  room  in  a  schoolhouse  not  needed  for  school  purposes  may  be  leased  for  any  pur- 
pose not  injurious  to  the  school,  or  a  detriment  to  the  usefulness  of  the  other  parts  of  the  build- 
ing for  school  purposes;  but  the  contract  for  such  lease  cannot  extend  beyond  the  close  of  the 
school  year. 

;-}.  The  right  to  determine  whether  a  schoolhouse  shall  be  used  for  other  than  school 
purposes  belongs  to  the  voters  of  the  district  when  assembled  in  a  lawful  manner;  but  when 
the  district  has  not  acted  on  the  subject  the  board  has  control  until  some  action  is  taken  by 
the  district.  But  neither  board  nor  district  has  any  right  to  allow  the  schoolhouses  to  be 
used  in  such  a  way  as  to  interfere  with  the  school. 

4.  If  the  voters  of  the  district  wish  to  use  the  schoolhouse  for  meetings  of  various 
kinds  there  seems  no  good  reason  why  they  may  not  so  use'  it  so  long  as  they  do  not  interfere 
with  the  school  work.  The  derisions  of  the  supreme  courts  of  Indiana,  Illinois,  Iowa,  and 

3,  New  ~ 


many  other  states  ocnfirm  this  view.  Kansas,  New  Jersey,  and  West  Virginia  confer  upon  the 
trustees,  by  statute,  the  right  to  use  the  house  for  such  purposes.  In  the  absence  of  any  deci 
sion  by  our  own  courts,  the  above  rulings  will  govern  this  department. 


Sec.  10. — (11591) — Vacancy  in  district  office. — Every  school  district 
office  shall  become  vacant  by  the  death,  resignation,  or  removal  from  office, 
or  removal  from  the  district  of  the  incumbent,  or  by  his  absence  from  the 
district  for  a  continuous  period  of  sixty  days  at  one  time. 

If  an  officer  resigns  at  an  annual  district  meeting,  and  his  resignation  is  accepted  by  the 
board  at  the  meeting,  the  voters  present  may  elect  a,  successor  to  complete  the  term  of  office  . 

The  general  rule  is  that  the  resignation  of  an  officer  should  be  presented  to  the  board 
or  the  officer  who  has  authority  to  fill  the  vacancy  so  created.  At  the  time  of  the  annual  meet- 
ing the  resignation  of  a  district  officer  should  be  presented  to  the  meeting;  at  any  other  time, 
to  the  district  board. 

Two  members  of  a  school  board  cannot  of  their  own  volition  remove  the  other  member 
from  office.  The  only  way  to  remove  a  school  district  officer  is  by  proper  action  before  a  court 
of  competent  jurisdiction. 

When  a  school  officer  resigns,  and  his  resignation  is  accepted,  he  cannot  withdraw  it 
and  again  resume  office. 

Sec.  11. — (11592) — Appointment  to  fill  vacancy. — The  said  board  shall 
have  power  to  fill  by  appointment  any  vacancy  that  may  occur  in  their 
number,  and  it  shall  be  their  duty  to  fill  such  vacancy  after  its  occurence; 
Provided,  That  in  case  said  board  shall,  from  any  cause,  fail  to  fill  such  va- 
cancy, the  same  may  be  filled  by  election  at  a  special  school  district  meeting 


Subdiv.  6]  HIGH  SCHOOL  DISTRICT  55 

called  for  that  purpose,  by  the  qualified  voters  present,  which  meeting  shall 
be  called  in  the  same  manner  and  be  subject  to  the  same  regulations  as  other 
special  district  meetings. 

When  vacancies  occur  in  school  boards,  the  vacancies  are  filled  by  appointment  or  by 
election  at  a  special  district  meeting.  If  by  appointment,  the  appointee  serves  until  the  next 
annual  meeting;  if  by  special  election,  he  serves  for  the  remainder  of  the  unexpired  term. 

Sec.  12. — (11593) — Appointment  by  county  superintendent.— When  by  a 
division  of  a  district,  but  one  officer  is  left  in  the  old  district,  the  county 
superintendent  shall  appoint,  to  fill  the  vacant  offices,  suitable  persons,  who 
shall  hold  their  offices  until  the  next  annual  meeting,  and  until  their  suc- 
cessors are  elected  and  qualified. 

Sec.  13. — (11594) — Officer  cannot  contract  with  district. — No  school 
officer  shall  be  a  party  to  any  school  contract  for  building  or  furnishing 
supplies,  except  in  his  official  capacity  as  a  member  of  the  board. 

The  spirit  of  section  13,  subdivision  4  seems  to  authorize  the  director  to  furnish,  under 
the  direction  of  the  board,  in  such  a  way  as  he  may  see  fit,  such  supplies  and  repairs  as  are 
necessary  for  the  proper  maintenance  of  the  school.  It  seems  equally  clear  that  the  statutes 
give  the  district  board  no  authority  to  make  extensive  repairs  or  to  incur  large  or  unusual 
expenses  without  the  consent  of  the  district  meeting.  Any  action  of  public  officers  is  voidable 
if  vitiated  by  fraud.  When  school  district  officers  employ  each  other  for  services  to  the  dis- 
trict involving  pecuniary  profit,  the  transaction  bears  on  its  face  a  strong  suggestion  of  col- 
lusion and  fraud,  which  presumption,  however,  may  be  overcome  by  competent  evidence  of 
good  faith. 


SUBDIVISION   VI.— HIGH   SCHOOL   DISTRICTS— FREE   HIGH   SCHOOL 
—RURAL  HIGH  SCHOOL— COUNTY  HIGH  SCHOOL. 

Section  1. — (11599) — Organization  of  district. — Any  district  containing 
more  than  one  hundred  and  fifty  children,  between  the  ages  of  five  and 
twenty-one  years,  may  elect  a  district  board  consisting  of  six  trustees; 
Provided,  The  district  shall  so  determine  at  an  annual  meeting  by  a  vote  of  a 
majority  of  the  voters  attending  such  meeting.  When  such  change  in  the 
district  board  shall  have  been  voted,  the  voters  at  such  annual  meeting  shall 
proceed  immediately  to  elect  two  trustees  for  the  term  of  one  year,  two  for 
the  term  of  two  years,  and  two  for  the  term  of  three  years,  and  annually 
thereafter  two  trustees  shall  be  elected,  whose  terms  of  office  shall  be  three 
years,  and  until  their  successors  shall  have  been  elected  and  qualified. 

After  a  school  district  has  once  been  legally  organized  under  subdivision  6  of  the  School 
Laws,  the  mere  fact  that  the  enumeration  of  pupils  falls  below  150  would  not  of  itself  destroy 
the  organization  as  a  high  school  district. 

In  the  formation  of  a  high  school  district,  it  is  necessary  to  re-organize  and  elect  an 
entire  new  set  of  trustees. 

The  change  from  a  primary  to  a  high  school  district  can  be  made  only  by  a  vote  at  the 
annual  district  meeting. 

The  chage  frr>m  a  high  school  district  back  to  a  primary  district  follows  the  same 
rules  as  from  the  primary  district  to  the  high  school  district  and  can  only  be  made  at  the 
annual  meeting. 

The  official  terms  of  the  old  board  expire  on  the  second  Monday  of  July  following  the 
election  of  the  new  board  of  trustees.  17  Neb.,  556. 

-  Sec.  2. — (11600) — Board,  organization  of. — Within  ten  days  after  their 
election,  such^trustees  ahall  file  with  the  directors  a  written  acceptance  of  the 
office  to  which  they  have  been  elected,  and  shall  annually  elect  from  their  own 
number  a  moderator,  a  director  and  a  treasurer,  and  for  cause  may  remove 


56  NEBRASKA  SCHOOL  LAWS  [Subdiv.  6 

the  same,  and  may  appoint  others  of  their  own  members  in  their  places,  who 
shall  perform  the  duties  prescribed  by  law  for  such  officers  in  the  primary 
school  districts  in  this  state,  except,  as  hereinafter  provided.  The  trustees 
shall  have  power  to  fill  any  vacancy  that  may  occur  in  their  number  till  the 
next  annual  meeting.  Whenever  in  any  case  the  trustees  shall  fail,  through 
disagreement  or  neglect,  to  elect  the  officers  named  in  this  section  within 
twenty  days  next  after  their  annual  meeting,  the  county  superintendent  of  the 
county  in  which  such  district  makes  its  annual  report  shall  appoint  the  said 
officers  from  the  members  of  said  trustees. 

In  a  board  of  six  members  it  requires  the  affirmative  vote  of  four  members  to  elect  teach- 
ers, fill  vacancies  in  the  membership  of  the  board  and  make  any  appropriation  of  money. 

Sec.  3. — (11601) — Classification  of  scholars. — Said  trustees  shall  have 
power  to  classify  and  grade  the  scholars  in  such  district,  and  cause  them  to  be 
taught  in  such  schools  and  departments  as  they  may  deem  expedient;  to 
establish  in  such  district  a  high  school  when  ordered  by  a  vote  of  the  district 
at  any  annual  meeting,  and  to  determine  the  qualifications  for  admission  to 
such  schools;  to  employ  all  teachers  necessary  for  the  several  schools  of  said 
district;  to  prescribe  courses  of  study  and  textbooks  for  the  use  of  said  schools; 
and  to  make  such  rules  and  regulations  as  they  may  think  needful  for  the 
government  of  the  schools  and  for  the  preservation  of  the  property  of  the 
district,  and  also  to  determine  the  rates  of  tuition  to  be  paid  for  non-resident 
pupils  attending  any  school  in  said  district  except  non-resident  pupils  attend- 
ing the  high  school  without  charge. 

Power  given  to  enforce  reasonable  rules.  Report  Cards.  35  Neb.,  1.  Selection  of 
studies  by  the  parent.  31  Neb.,  552. 

Sec.  4. — (11602) — Statement  of  receipts  and  expenditures — Estimates — 
Taxes. — The  said  trustees  shall  present  at  each  annual  meeting  a  statement 
in  writing  of  all  receipts  and  expenditures  on  behalf  of  the  district  for  the 
preceding  year,  and  of  all  funds  then  on  hand,  and  an  estimate  of  the  amounts 
necessary  to  be  raised  by  the  district,  in  addition  to  the  money  to  be  received 
from  the  primary  school  fund  and  other  sources,  for  the  support  of  the  schools 
of  said  district  for  the  ensuing  year,  and  for  incidental  expenses  thereof;  and 
the  said  district  may,  at  the  annual  meeting,  vote  such  sums,  to  be  raised  by 
tax  upon  the  taxable  property  of  said  district,  as  may  be  required  to  maintain 
the  several  schools  thereof  for  the  year. 


FREE  HIGH  SCHOOL. 

Sec.  5. — (11617) — High  school  grade  defined — Course  of  study — Rules  of 
admission. — Provision  is  hereby  made  for  four  years  of  free  public  high  school 
education  for  all  the  youth  of  this  state  whose  parents  or  guardians  live  in 
public  school  districts  which  maintain  less  than  a  four- year  high  school  course 
of  study,  on  the  following  conditions,  to  wit: 

First — For  the  purpose  of  this  act  all  grades  above  the  eighth  grade  in 
any  public  school  district  of  this  state  shall  be  deemed  high  school  grades. 
The  course  of  study  for  the  first  eight  grades  shall  be  the  course  of  study 
prescribed  by  the  state  superintendent  of  public  instruction  or  a  course  of 


Subdiv.   6]  FREE  HIGH  SCHOOL  57 

study  approved  by  him,  ana  the  course  of  study  for  the  high  school  grades 
shall  be  the  Nebraska  High  School  Manual  issued  jointly  by  the  University 
of  Nebraska  and  the  state  superintendent  of  public  instruction  or  a  course  of 
study  approved  by  the  state  superintendent  of  public  instruction. 

Second — Every  pupil  to  be  entitled  under  the  provisions  of  this  act  to 
free  public  high  school  education  in  the  ninth  grade  of  any  public  school 
district  maintaining  such  grade  must  have  a  certificate  signed  by  the  county 
superintendent  of  the  proper  county  that  he  has  completed  the  course  of  study 
prescribed  by  the  state  superintendent  for  work  below  the  ninth  grade  as  set 
forth  in  the  first  condition  of  this  section  and  that  he  is  unable  to  secure 
ninth  grade  work  in  the  public  school  district  of  his  residence. 

Third — Every  pupil  to  be  entitled  under  the  provisions  of  this  act  to 
free  public  high  school  education  in  the  tenth  grade  of  any  public  school  dis- 
trict maintaining  such  grade  must  have  a  certificate  signed  by  the  county 
superintendent  of  the  proper  county  that  he  has  completed  the  course  of 
study  for  the  ninth  grade  as  set  forth  in  the  first  condition  of  this  section  and 
that  he  is  unable  to  secure  tenth  grade  work  in  the  public  school  district  of 
his  residence. 

Fourth — Every  pupil  to  be  entitled  under  the  provisions  of  this  act  to 
free  public  high  school  education  in  the  eleventh  grade  of  any  public  school 
district  maintaining  such  grade  must  have  a  certificate  signed  by  the  county 
superintendent  of  the  proper  county  that  he  has  completed  the  course  of 
study  for  the  tenth  grade  as  set  forth  in  the  first  condition  of  this  section  and 
that  he  is  unable  to  secure  eleventh  grade  work  in  the  public  school  district 
of  his  residence. 

Fifth — Every  pupil  to  be  entitled  under  the  provisions  of  this  act  to  free 
public  high  school  education  in  the  twelfth  grade  of  any  pubic  school  district 
maintaining  such  grade  must  have  a  certificate  signed  by  the  county  superin- 
tendent of  the  proper  county  that  he  has  completed  the  course  of  study  for 
the  eleventh  grade  as  set  forth  in  the  first  condition  of  this  section  and  that  he 
is  unable  to  secure  twelfth  grade  work  in  the  public  school  district  of  his 
residence. 

Sixth — Every  non-resident  pupil  attending  any  public  school  under  the 
provisions  of  this  act  shall  have  the  same  rights  and  shall  be  subject  to  the 
same  rules  and  restrictions  which  govern  resident  pupils  attending  such 
public  school.  Any  public  school  district  unable  to  furnish  accommodations 
to  non-resident  pupils  without  constructing  or  renting  additional  buildings, 
hiring  extra  teachers,  or  for  other  reasonable  cause,  may  refuse  admission 
to  any  or  all  such  non-resident  pupils. 

Sec.  6. — (11618) — Rate  of  ,  tuition — District  not  liable,  when. — Every 
public  school  district  granting  free  public  high  school  education  to  non- 
resident pupils  under  the  provisions  of  this  act  shall  receive  the  sum  of 
seventy-five  cents  for  each  week's  attendance  by  each  non-resident  pupil 
from  the  public  school  district  in  which  the  parent  or  guardian  of  such  non- 
resident pupil  maintains  his  legal  residence.  Such  public  school  district  is 
hereby  made  liable  for  the  payment  of  such  tuition.  Provided,  however,  that 
f  such  school  district  in  which  the  parent  or  guardian  of  such  non-resident 


58  NEBRASKA  SCHOOL  LAWS  [Subdiv.  6 

pupil  maintains  his  legal  residence  is  not  able  to  maintain  nine  months  of 
school  out  of  his  [its]  own  resources  after  levying  the  full  amount  of  taxes  it 
is  permitted  by  law  to  levy  for  school  purposes  together  with  its  apportion- 
ment from  the  state  school  fund,  then  and  in  that  case,  said  district  shall  not 
be  liable  for  such  tuition. 

Sec.  7. — (11619) — Application  of  parent  or  guardian- — Estimate  of 
county  superintendent — Levy — The  parent  or  guardian  of  any  pupil  desiring 
to  take  advantage  of  the  provisions  of  this  act  for  free  hich  school  education 
shall  make  application,  in  writing,  to  the  county  superintendent  of  the  proper 
county  on  or  before  the  second  Monday  in  June  of  each  year.  Such  applica- 
tion must  show  the  number  of  the  public  school  district  in  which  such  parent 
or  guardian  maintains  his  legal  residence,  the  number  of  pupils  for  whom  free 
high  school  education  is  desired,  and  the  high  school  grade  which  each  pupil 
is  to  enter.  It  shall  be  the  duty  of  the  county  superintendent  to  make  and 
deliver  to  the  director  or  the  secretary  of  the  board  of  education  of  such 
public  school  district  on  or  before  the  annual  meeting  of  each  year  an  itemized 
estimate  of  the  amount  necessary  to  pay  the  tuition  of  all  pupils  in  that  dis- 
trict entitled  to  and  for  whom  proper  application  has  been  made  for  free  high 
school  education  as  in  this  act  provided.  Said  estmate  shall  show  definitely 
the  number  of  pupils  for  whom  proper  application  has  been  made  for  free  high 
school  education  and  the  grade  each  pupil  is  to  enter.  The  director  or  secre- 
tary of  the  board  of  education  of  such  public  school  district  shall  include  said 
estimate  for  free  high  school  education  in  his  itemized  estimate  which  he  is 
required  to  present  at  each  annual  school  district  meeting  as  provided  in 
section  11  of  subdivision  2,  and  section  14  of  subdivision  4  of  chapter  79, 
Compiled  Statutes  of  Nebraska  for  1905  (Wheeler).  The  legal  voters  at  the 
annual  school  district  meeting  each  year  shall  determine  the  amount  of  money 
required  for  free  high  school  education  during  the  coming  school  year  as  in 
this  act  provided,  which  shall  be  an  amount  sufficient  to  provide  free  high 
school  education  in  accordance  with  the  estimate  furnished  the  annual  school 
district  meeting  by  the  director  or  secretary  of  the  board  of  education  as  here- 
in required,  and  the  amount  of  money  so  required  shall  be  levied  as  a  tax  upon 
all  the  taxable  property  of  the  school  district.  Immediately  after  the  annual 
school  district. meeting  and  not  later  than  the  first  Monday  in  July  the  dis- 
trict board  or  the  board  of  education  of  such  public  school  district  shall  make 
and  deliver  to  the  county  superintendent  and  to  the  county  clerk  of  each 
county  in  which  any  part  of  such  public  school  district  is  situated  reports 
in  writing,  of  all  the  taxes,  including  the  tax  necessary  for  free  high  school 
education  as  in  this  act  provided,  voted  by  the  public  school  district  for  the 
coming  school  year,  to  be  levied,  on  all  the  taxable  property  of  the  district 
and  to  be  collected  by  the  county  treasurer  as  provided  in  section  21  of  sub- 
division 5  of  chapter  79,  Compiled  Statutes  of  Nebraska  for  1905  (Wheeler). 
Said  tax  for  free  high  school  education,  when  collected,  shall  constitute  a  fund 
to  be  known  as  the  "Free  High  School  Fund"  and  shall  be  placed  to  the  credit 
of  each  public  school  district  in  which  such  tax  is  levied.  Money  belonging 
to  the  Free  High  School  Fund  of  any  public  school  district  shall  be  paid  out 
by  the  county  treasurer  to  the  treasurer  of  the  public  school  district  earning 
such  tuition  at  the  end  of  each  school  term  upon  an  order  signed  by  the  direc 


Subdiv. 


6]  FREE  HIGH  SCHOOL  59 


I 


tor  and  countersigned  by  the  moderator  of  the  public  school  district  liable 
for  such  tuition,  drawn  against  said  fund.  Money  remaining  in  said  Free 
High  School  Fund  of  any  district  at  the  end  of  each  school  year  after  the 
purpose  for  which  it  was  raised  has  been  accomplished  and  after  all  debts  for 
which  said  fund  is  liable  have  been  discharged  shall  be  transferred  by  the 
county  treasurer  to  the  general  fund  of  each  district. 

If  a  school  district  fails  to  vote  the  necessary  high  school  tax,  or  the  district  board  fails 
to  make  the  necessary  report  to  the  county  superintendent,  it  becomes  the  duty  of  the  county 
superintendent  to  make  and  deliver  such  report  to  the  county  clerk  whose  duty  it  is  to  make 
the  required  levy  the  same  as  though  the  tax  had  been  voted  at  the  annual  school  district 
meeting. 

The  neglect  of  the  parent  to  discharge  his  duty  means  the  loss  of  free  high  school  privi- 
leges for  his  children  for  the  ensuing  year. 

All  the  parent  needs  to  decide  is  that  free  high-school  privileges  are  desired  for  the  ensu 
ing  year.  If  proper  application  is  made,  the  parent  or  guardian  may  later  make  choice  of 
place  of  attendance. 

A  pupil  seeking  free  high  school  tuition  must  be  a  resident  of  the  district  at  the  time 
of  the  annual  meeting,  and  must  at  that  date  have  the  county  superintendent's  certificate 
that  he  has  completed  the  school  work  of  such  district.  Otherwise,  a  district  is  not  legally 
answerable  for  his  tuition. 

A  pupil  is  entitled  to  free  high  school  attendance  only  so  long  as  the  legal  residence  of 
his  parents  or  guardian  is  maintained  in  the  district  of  his  residence  at  the  time  an  application 
for  free  high  school  attendance  was  made,  and  in  the  district  in  which  the  tax  was  levied 
pay  for  such  free  high  school  tuition.  Should  the  parent  or  guardian  remove  to  another  dis- 
trict before  the  expiration  of  the  time  for  which  free  high  school  attendance  was  applied  for 
the  district  in  which  a  tax  was  levied  should  then  cease  to  pay  for  such  pupil.  The  district 
is  authorized  to  pay  free  high  school  tuition  only  for  the  resident  pupils  of  the  district  who  are 
entitled  to  such  free  high  school  privileges.  The  pupil  becomes  a  non  resident  of  the  district 
which  levied  the  tax  for  his  tuition  when  his  parent  or  guardian  removes  to  another  district. 
Such  pupils  will  then  have  no  claim  on  the  district  which  levied  the  tax  for  free  high  school 
tuition. 

The  free  high  school  tax  levy  is  entirely  independent  of  the  maximum  levy  of  twenty  five 
mills  for  the  maintenance  of  school,  and  is  known  as  the  "Free  High-School  Fund,"  and  as 
such  is  to  be  placed  to  the  credit  of  each  public  school  district  in  which  such  free  high  school 
tax  is  levied.  It  follows,  therefore,  that  a  school  district  voting  twenty-five  mills  tax  for  main- 
taining school  must  vote  in  addition  thereto,  the  necessary  tax  for  payment  of  tuition  of  all 
pupils  of  such  district  entitled  to  free  high  school  privileges. 

Sec.  8. — (11620) — District  board  deliver  estimate  of  levy  to  county  clerk. 
— If  the  annual  school  meeting  in  any  public  school  district  wherein  there  are 
pupils  entitled  to  and  desiring  free  high  school  education  as  in  this  act  pro- 
vided neglect  or  refuse  to  vote  the  necessary  tax  therefor,  the  school  district 
board  or  the  board  of  education  of  such  public  school  district  shall  make  and 
deliver  to  the  county  superintendent  and  to  the  county  clerk  of  each  county 
in  which  any  part  of  the  school  district  is  situated,  not  later  than  the  first 
Monday  in  July,  an  itemized  estimate  of  the  amount  necessary  to  be  expended 
during  the  ensuing  school  year  for  free  high  school  education  by  such  public 
school  district.  It  shall  be  the  duty  of  the  county  clerk  to  levy  such  tax  on 
all  the  taxable  property  of  such  public  school  district  the  same  as  though  said 
tax  had  been  voted  by  the  annual  school  district  meeting,  to  be  collected  and 
disbursed  by  the  county  treasurer  as  provided  in  section  3  (Section  7  of  this 
subdivision)  of  this  act. 

Sec.  Sa. — (11621) — Same,  county  superintendent. — If  the  district  board 
or  board  of  education  of  any  public  school  district  wherein  there  are  pupils 
entitled  to  and  desiring  free  high  school  education  as  in  this  act  provided 
neglect  or  refuse  to  make  and  deliver  the  required  estimate  as  set  forth  in 
section  4  of  this  act,  the  county  superintendent  of  the  proper  county  shall 
make  and  deliver  to  the  county  clerk  of  each  county  in  which  any  part  of 
such  public  school  district  is  situated,  not  later  than  the  first  Monday  in 


60  NEBRASKA  SCHOOL  LAWS  [Sudbiv.  6 

August  following  the  annual  school  district  meeting,  an  itemized  estimate  of 
the  amount  necessary  to  be  expended  by  such  public  school  district  during  the 
ensuing  year  for  free  high  school  education.  It  shall  be  the  duty  of  the  county 
clerk  to  levy  such  tax  on  all  the  taxable  property  of  such  school  district  the 
same  as  though  such  tax  had  been  voted  by  the  annual  school  district  meet- 
ing, to  be  collected  by  the  county  treasurer  at  the  same  time  and  in  the  same 
manner  as  the  state  and  county  taxes'are  collected,  and  when  collected  to  be 
paid  out  as  provided  in  section  3  (section  7  of  this  subdivision)  of  this  act. 

Sec.  8b. — (11622) — No  levy. — In  a  public  school  district  in  which  in 
any  year  there  are  no  pupils  entitled  to  and  desiring  free  high  school  educa- 
tion as  in  this  act  provided  no  tax  shall  be  levied  for  such  purpose  in  that  year. 


RURAL  HIGH  SCHOOL. 

Sec.  9. — (11604) — Establishment. — Any  two  or  more  adjoining  school 
districts  in  any  county  of  this  state  which  are  not  able  or  do  not  deem  it 
expedient  to  maintain  a.  school  of  more  than  eight  (8)  grades  may  unite  for 
the  purpose  of  forming  one  high  school  district  and  maintaining  one  high 
school  as  hereinafter  provided. 

Sec.  10. — (11605) — Proposition — Submission — Adoption. — The  proposi- 
tion so  to  unite  shall  be  submitted  to  the  regular  annual  meeting  of  each  dis- 
trict proposed  to  be  joined  in  such  high  school  district,  or  at  a  special  meeting 
called  for  the  purpose,  as  provided  in  subdivision  two  (2)  of  chapter 
seventy-nine  (79)  of  Compiled  Statutes,  and  shall  require  for  its  adoption  a 
majority  of  all  the  qualified  voters  present  at  such  meeting  in  each  of  the 
districts  proposed  to  be  so  joined  for  high  school  purposes. 

Sec.  11. — (11606) — Establishment  completed — Name — Mutual  sup- 
port.— When  any  two  or  more*  adjoining  school  districts  in  any  county  shall 
have  voted  to  unite  forliigh  school  purposes,  the  officers  thereof  shall  certify 
the  fact  to  the  county  superintendent  of  said  county,  who  shall  thereupon  give 
to  such  high  school  district  so  formed  an  appropriate  name,  not  borne  by  any 
other  school  district  of  high  school  district  in  said  county,  and  it  shall  there- 
after be  known  by  such  name  as  the.. High  School  District  of 

County,  Nebraska.  Where  the  majority  of  votes  are  cast  for  such  a  union  of 
districts,  and  such  high  school  is  estiablished,  no  district  can  withdraw  its 
support  from  the  union  without  the  mutua'l  consent  of  all  the  districts  ex- 
pressed by  the  majority  vote  of  each. 

Sec.  12. — (11607) — Enlargement  of  district. — After  any  such  high  school 
district  has  been  established,  if  any  adjoining  common  school  district  shall, 
by  a  majority  vote  of  the  qualified  voters  therein,  at  any  annual  or  special 
meeting,  express  a  desire  to  unite  with,  and  be  included  in  such  high  school 
district  for  the  benefits  thereof,  it  may  be  done;  Providing,  this  proposition 
is  accepted  by  a  majority  vote  of  all  qualified  voters  at  an  annual  or  special 
meeting  in  a  majority  of  the  school  districts  so  united,  or  if  but  twro  districts, 
in  each.  Notice  of  such  acceptance,  by  the  president  of  the  high  school  district 
to  the  moderator  of  said  common  school  district,  shall  operate  as  official 


5ubdiv.  6]  RURAL  HIGH  SCHOOL  61 

proclamation  of  the  incorporation  of  said  common  school  district  in  and  part 
of  the  high  school  district. 

Sec.  13. — (11608) — Trustees — Government. — The  directors  for  the  time 
being  of  the  several  school  districts  so  joined  for  high  school  purposes,  pro- 
vided the  number  of  such  districts  shall  exceed  two,  shall  be  the  trustees  and 
governing  body  of  such  high  school  district.  If  the  number  of  such  districts 
shall  be  two  only,  the  said  trustees  shall  annually  choose  a  third  person,  hav- 
ing the  qualifications  of  a  member  of  the  school  board  in  one  or  the  other  of 
the  respective  school  districts  to  be  a  trustee  of  said  high  school  district,  who 
shall  within  ten  days  after  his  election  file  with  such  trustees  or  one  of  them 
a  written  acceptanqe  of  said  office.  Such  trustees  shall  annually,  subsequent 
to  the  annual  meetings  of  the  school  districts  so  united  for  high  school  pur- 
poses, elect  from  their  number  a  chairman  and  a  clerk  and  shall  at  the  same 
time  elect  a  treasurer  who  may  or  may  not  be  one  of  their  number.  They  shall 
also  have  power  to  fill  any  vacancy  that  may  occur  in  their  number  or  in  any 
of  said  offices  till  the  same  can  be  regularly^  filled. 

Sec.  14. — (11609) — Same,  powers. — Said  trustees  shall  have  all  the 
power  of  school  boards  of  school  districts  in  this  state  with  reference  to  the 
lease,  purchase,  acquisition  or  disposition  of  buildings,  sites,  and  property  for 
school  purposes,  provided  that  where  the  provisions  of  subdivision  five  (5) 
of  chapter  seventy-nine  (79)  of  the  Compiled  Statutes  require  the  consent  or 
authority  or  direction  of  the  school  district,  the  said  trustees  must  be  author- 
ized by  the  votes  of  meetings  of  a  majority  of  the  districts  so  united,  or  if 
said  districts  are  two  only,  of  each  of  them. 

Sec.  15. — (11610) — Officers. — The  powers  and  duties  of  the  chairman, 
clerk  and  treasurer  respectively,  of  such  board  of  trustees  shall  be  the  same  as 
near  as  may  be,  as  those  of  the  moderator,  director  and  treasurer  respectively 
of  a  school  district,  as  fixed  in  subdivision  four  (4)  of  chapter  seventy-nine 
(79)  of  the  Compiled  Statutes,  except  that  no  census  of  such  high  school 
district  shall  be  required  to  be  taken,  and  that  contracts  with  teachers  shall 
require  the  sanction  of  a  majority  of  such  trustees. 

Sec.  16. — (11611) — Trustees — Powers — Rules — Course  of  study. — The 
trustees  shall  establish  and  maintain  a  high  school  in  said  district  at  such 
place  as  they  may  deem  most  expedient  and  to  that  end  shall  with  the  advice 
and  approval  of  the  county  superintendent,  have  authority  to  determine  the 
qualifications  for  admission  to  such  high  school,  to  employ  all  necessary 
teachers,  to  prescribe  courses  of  study  and  text  books,  to  determine  the  rate 
of  tuition  to  be  paid  by  non-resident  pupils  attending  any  such  high  school, 
and  to  make  such  rules  and  regulations  as  they  may  think  needful  for  the 
government  of  such  school  and  for  the  preservation  of  the  property  of  such 
high  school  district.  Provided,  That  such  course  of  study  shall  conform  to 
the  general  course  of  study  and  gradation  prescribed  by  the  State  Superin- 
tendent of  Public  Instruction,  which  he  is  hereby  authorized  to  prescribe 
for  all  high  schools  maintained  under  the  provisions  of  this  act. 

'  Sec.  17. — (11612) — Expenses,  taxes. — The  expenses  of  maintaining  such 
high  schools  shall  be  borne  by  the  several  school  districts  united  for  the  pur- 
pose, in  proportion  to  their  assessed  valuation.  To  that  end,  the  trustees 


62  NEBRASKA  SCHOOL  LAWS  [Subdiv.  6 

shall,  prior  to  each  annual  school  district  meeting,  prepare  an  estimate  of  the 
sums  required  for  the  maintenance  of  such  high  school  during  the  coming 
year,  and  the  share  to  be  borne  by  each  school  district,  and  the  number  of 
mills  necessary  to  be  levied  in  each  of  said  districts  so  united  to  meet  its 
said  share,  and  shall  further  certify  said  estimate,  the  amount  of  said  share 
and  the  amount  of  said  required  levy  to  each  of  said  district's  meetings.  In 
case  the  meetings  in  a  majority  of  the  districts  so  united,  or  in  case  there  are 
but  two,  in  each,  shall  reject  such  estimates,  the  trustees  ahall  at  once  give 
ten  (10)  days'  notice  by  posting  the  same  upon  the  door  of  each  schoolhouse 
in  each  of  said  districts  and  in  three  other  of  the  most  conspicuous  places  in 
each  district,  of  a  meeting  of  all  the  qualified  voters  .of  each  of  the  districts  so 
united  for  high  school  purposes  at  some  accessible  place  within  the  limits  of 
said  high  school  districts,  for  the  purpose  of  settling  the  amount  required  to 
maintain  such  high  school,  the  share  of  each  district,  and  the  number  of 
mills  required  to  be  levied.  At  such  meeting,  the  chairman  of  said  board  of 
trustees  shall  preside  and  the  clerk  shall  record  its  proceedings.  Said  meet- 
ing shall  fix,  by  a  majority  vote  of  the  qualified  voters  of  said  several  dis- 
tricts present,  the  amount  necessary  to  be  raised,  the  share  of  each  district, 
and  the  levy  necessary  in  each  district  to  meet  said  share,  and  the  clerk  shall 
thereupon  forthwith  certify  the  number  of  mills  so  fixed  upon  to  be  levied  in 
each  district  to  the  county  board.  In  case,  however,  said  estimates  so  pre- 
pared by  said  trustees,  shall  not  be  acted  upon  at  said  district  meeting  or 
shall  not  be  rejected  as  above  provided,  then  said  trustees  shall  certify  the 
same  as  by  them  originally  fixed  to  said  county  board;  the  .tax  so  fixed  shall 
be  levied  in  each  school  district  by  the  said  county  board  and  collected  as 
other  county  taxes,  and  the  proceeds  thereof  shall  be  turned  over  to  the 
treasurer  of  said  high  school  district,  except  the  principal  sum  of  bonds  for 
the  erection  of  a  building  as  hereinafter  provided,  shall  in  no  year  be  suffered 
to  exceed  seventy-five  (75  per  cent)  per  cent  of  the  aggregate  expense  of 
maintaining  all  the  common  schools  of  said  district  so  united  for  high  school 
purposes. 

Sec.  18. — (11613) — Bonds. — When  authorized  by  a  two-thirds  majority 
vote  of  all  qualified  voters  present  at  an  annual  or  special  meeting  in  a  major- 
ity of  the  school  districts  so  united,  or  if  there  be  but  two  districts  so  united, 
in  each,  said  trustees  may  issue  and  negotiate  the  bonds  of  said  high  school 
district  for  the  purpose  of  raising  money  to  provide  for  the  erection  and  fur- 
nishing or  the  improvement  of  a  high  school  building.  The  bonds  so  issued 
shall  not  when  added  to  the  aggregate  of  the  bonded  indebtedness  of  the 
several  school  districts  so  united  for  high  school  purposes  exceed  ten  (10) 
per  cent  of  the  aggregate  assessed  valuation  of  the  said  several  school  dis- 
tricts as  shown  by  the  last  preceding  assessment. 

Sec.  19. — (11614) — Same. — Said  bonds  shall  conform  to  and  their  pay- 
ment, cancellation,  refunding  and  the  application  of  the  proceeds  thereof 
shall  be  governed  by  and  as  provided  for  in  the  several  provisions  of  sections 
six  (6)  to  eleven  (11)  inclusive,  thirteen  (13),  fifteen  (15)  to  eighteen  (18) 
inclusive,  and  twenty  (20)  to  twenty-two  (22)  inclusive  of  subdivision  fifteen 
(15)  of  chapter  seventy-nine  (79)  of  the  Compiled  Statutes,  as  near  as  may  be. 


Subdiv.  6]  COUNTY  HIGH  SCHOOL  63 

COUNTY  HIGH  SCHOOL. 
[Amended,  1911.] 

Sec.  20.— Any  county  in  this  state  may  establish  a  county  high  school  on 
the  conditions  and  in  the  manner  hereinafter  prescribed,  for  the  purpose  of 
affording  better  educational  facilities  for  pupils  who  have  advanced  beyond 
the  eighth  grade.  For  the  purpose  of  this  act  all  grades  above  the  eighth 
grade  in  any  public  school  district  in  this  state  shall  be  deemed  high  school 
grades.  The  course  of  study  for  the  high  school  grades  shall  be  Nebraska 
High  School  Manual  issued  jointly  by  the  University  of  Nebraska  and  the 
State  Superintendent  of  Public  Instruction,  or  a  course  of  study  approved 
by  the  State  Superintendent  of  Public  Instruction,  and  in  addition  thereto 
there  shall  be  taught  and  practiced  in  the  ninth  and  tenth  grades,  manual 
training,  domestic  science,  and  the  elements  of  agriculture,  and  in  the 
eleventh  and  twelfth  grades  normal  training  and  the  theory  and  practice  of 
agriculture,  and  for  the  purpose  of  such  teaching  and  practice  the  Board  of 
Regents  is  hereby  authorized  to  purchase  the  necessary  apparatus  and 
materials  for  those  purposes.  The  board  of  County  Commissioners  or 
County  Supervisors  shall  purchase  a  tract  of  land  not  less  than  five  acres, 
conveniently  situated  to  said  county  high  school,  for  actual  practice  by  all 
the  students  or  a  part  of  the  students,  under  the  direction  of  a  competent 
instructor,  for  experimentation  in  all  forms  of  agriculture. 

Sec.  23. — The  Board  of  such  County  High  School  shall  consist  of  five 
members,  to  be  known  as  the  Board  of  Regents.  Three  members  of  said 
Board  shall  be  elected  as  follows:  The  directors  of  the  various  school  dis- 
tricts shall  meet  in  the  office  of  the  County  Superintendent  of  Public  In- 
struction on  the  last  Saturday  in  June,  Nineteen  Hundred  and  Eleven 
(1911),  and  there  choose  by  ballot  a  Board  of  three  Regents,  one  to  serve 
for  the  term  of  one  (1)  year,  one  for  the  term  of  two  (2)  years,  one  for  the 
term  of  three  (3)  years;  and  one  shall  be  chosen  annually  thereafter  whose 
term  of  office  shall  be  for  three  years  or  until  his  successor  is  elected  and 
qualifies.  The  Board  of  Regents  shall  have  power  to  fill  any  vacancy  that 
may  occur  in  their  number  until  the  next  annual  school  meeting.  The 
County  Treasurer  shall  by  virtue  of  his  office  be  the  treasurer  of  said  board. 
The  County  Superintendent  of  Public  Instruction  shall  by  virtue  of  his 
office  be  the  secretary  of  said  Board. 

Sec.  24. — The  said  Board  of  Regents  shall  have  power  to  employ  a 
superintendent  for  a  term  of  three  years,  and  assistant  teachers  for  a  term 
of  two  years,  and  such  other  employees  as  may  be  required,  to  fix  their 
compensation  and  prescribe  their  duties.  They  shall  have  power  to 
remove  all  persons  appointed  by  them,  by  a  majority  vote,  to  adopt 
books  and  purchase  fuel.  They  shall  annually  during  the  month  of 
June  make  an  estimate  of  the  amount  of  funds  required  for  the  sup- 
port of  the  schools  during  the  fiscal  year  next  ensuing,  the  amount 
of  funds  required  for  the  purpose  of  school  sites,  the  erection  of  school 
buildings,  the  payment  of  interest  on  bonds  issued  for  school  purposes  and 
the  creation  of  a  sinking  fund  for  the  payment  of  such  indebtedness,  and 
the  County  Commissioners  or  Supervisors,  when  sitting  as  a  board  at  the 


64  NEBRASKA  SCHOOL  LAWS  [Subdiv.  6 

time  provided  by  law  for  levying  taxes,  are  hereby  authorized  and  required 
to  levy  the  tax  recommended  by  the  Board  of  Regents  the  same  as  other 
taxes  are  levied.  But  in  no  case  shall  the  aggregate  tax  for  the  county 
high  school,  exclusive  of  the  levy  for  paying  the  principal  and  interest  of 
bonds,  exceed  five  mills  upon  each  dollar  of  assessed  valuation  of  the  prop- 
erty of  the  county. 

Sec.  25. — It  shall  be  the  duty  of  the  secretary  of  said  Board  of  Regents 
to  keep  an  exact  and  detailed  account  of  the  doings  of  the  Board  in  a  book 
kept  for  that  purpose  and  such  other  matters  as  may  be  provided  by  law, 
and  shall  make  reports  as  provided  by  law. 

Sec.  26. — The  treasurer  shall  keep  separate  and  apart  the  proceeds  of 
the  tax  levied  for  the  support  and  maintenance  of  said  county  high  school  a 
fund  to  be  known  as  the  high  school  fund,  and  shall  only  pay  out  the  same 
upon  warrants  duly  issued  against  said  high  school  fund,  when  signed  by  the 
President  of  the  Board  of  Regents,  countersigned  by  the  secretary  of  the 
Board  and  attested  by  the  seal  of  the  county.  The  Board  of  Regents  shall 
not  allow  any  claims  or  demands  against  said  funds  unless  the  same  be 
duly  verified.  And  the  preservation  and  disbursement  of  said  high  school 
fund  is  hereby  made  a  part  of  the  duty  of  the  County  Treasurer  within  this 
state,  and  he  shall  be  liable  upon  his  official  bonds  the  same  as  for  any 
other  moneys  now  held  in  his  hands  by  virtue  of  said  office. 

Sec.  27. — The  Board  of  Regents  shall  make  all  needful  rules  and  regu- 
lations for  the  discipline,  careful  preservation  of  the  school  buildings,  fur- 
niture, apparatus,  grounds,  and  all  other  property  belonging  to  the  school. 
All  teachers  and  other  subordinates  in  said  school  shall  be  under  the  direc- 
tion of  the  Superintendent  elected  by  the  Board  of  Regents,  subject  to  the 
general  control  and  regulation  of  such  Board. 

Sec.  28. — The  Board  of  Regents  shall  receive  no  compensation  for 
their  services  except  for  actual  expenses  incurred  in  attending  upon  meet- 
ings. The  Treasurer  and  the  Secretary  shall  have  a  vote  upon  matter  pend- 
ing before  the  Board.  The  Board  of  Regents  shall  meet  annually  on  the 
second  Tuesday  after  the  first  Monday  in  July,  at  which  time  they  shall 
elect  a  President  from  among  their  own  number,  but  special  meetings  may 
be  held  at  any  time  at  the  call  of  the  President  of  such  Board. 

Sec.  29. — Said  Board  of  Regents  is  hereby  authorized  to  issue  certifi- 
cates and  diplomas  when  any  student  completes  a  prescribed  course  of 
study  in  a  satisfactory  manner,  and  the  same  shall  have  such  force  and 
effect  as  may  be  determined  by  the  State  Superintendent  of  Public  Instruc- 
tion to  entitle  the  holder  to  teach  in  any  of  the  schools  of  the  county  without 
further  examination  for  the  space  of  three  years. 

Sec.  30. — The  Board  of  Regents,  in  their  rules  and  regulations,  and 
the  superintendent  elected  by  the  board,  in  his  supervision  and  govern- 
ment of  the  school,  shall  exercise  a  watchful  guardianship  over  the  morals 
of  the  pupils. 

Sec.  31. — Whenever  the  proper  officers  of  any  rural  high  school  or 
city  or  village  high  school  shall  certify  to  said  Board  of  Regents,  on  or  before 


Subdiv.  7]  COUNTY  SUPERINTENDENT  65 

thft  15th  day  of  June  of  each  year,  that  a  course  of  study  beyond  the  first 
eight  grades  has  been  prescribed  for  said  school  for  the  ensuing  year,  then 
all  of  the  property  within  said  district  or  districts  shall  be  omitted  from  the 
levy  of  the  tax  for  the  support  and  maintenance  of  the  county  high  school 
for  the  ensuing  year. 

Sec.  32. — Tuition  shall  be  free  to  all  pupils  residing  in  the  county 
where  the  school  is  located,  but  if  at  any  time  the  school  can  accommodate 
more  pupils  than  apply  for  admission  from  the  county  in  which  the  school  is 
situated,  the  Board  of  Regents  may  admit  pupils  from  without  the  county 
upon  the  payment  of  such  tuition  as  the  Board  of  Regents  may  prescribe. 
Such  pupils,  so  admitted,  shall  be  subject  to  the  same  rules  as  to  discipline 
as  are  resident  pupils. 

Where  there  is  no  incorporated  town  or  village  in  the  county,  the  electors  of  that  county 
may  locate  the  county  high  school  at  the  most  convenient  and  accessible  point  in  the  county. 


SUBDIVISION  VII.— COUNTY  SUPERINTENDENT. 

Section  1. — (11646) — Election,  term. — There  shall  be  a  county  superin- 
tendent in  each  organized  county,  whose  term  of  service  shall  be  two  years, 
and  who  shall  be  elected  at  the  same  time  and  in  the  same  manner  as  other 
county  officers.  No  person  shall  be  eligible  to  the  office  of  county  superin- 
tendent who  does  not  hold  at  least  a  first  grade  county  certificate  issued  in 
this  state  and  in  force  at  the  time  of  his  election.  It  shall  be  the  duty  of 
the  county  clerk  to  notify  the  state  superintendent  of  the  election  of  the 
county  superintendent  at  the  time  said  election  is  ascertianed.  The  pro- 
visions of  this  act  so  far  as  the  same  relate  to  the  certificates  of  county  super- 
intendents shall  not  apply  to  counties  having  less  than  1,000  inhabitants. 

The  law  does  not  provide  for  a  deputy  county  superintendent,  and  action  by  such  per- 
son is  not  legal.  If  the  person  elected  county  superintendent  cannot  act,  he  should  resign  and 
allow  another  to  be  appointed.  The  powers  and  duties  of  the  county  superintendent  of  public 
instruction  are  derived  entirely  from  the  statute.  He  can  exercise  only  such  powers  as  are 
especially  granted  or  incidentally  necessary  to  carry  the  same  into  effect.  Any  proceed- 
ings on  his  part  beyond  the  scope  of  his  authority,  or  where  he  has  no  jurisdiction,  are  abso- 
lutely void.  6  Neb.,  539. 

Sec.  2. — (11647) — The  county  commissioners,  at  the  first  regular  ses- 
sion of  each  year,  shall  determine  the  compensation  to  be  paid  to  the  county 
superintendent,  but  in  counties  containing  a  school  population  of  fifteen 


66  NEBRASKA  SCHOOL  LAWS  [Subdiv.  7 

thousand  (15,000)  or  more,  such  compensation  shall  not  be  less  than 
$2200.00  per  annum;  in  counties  containing  a  school  population  of  seven 
thousand  (7,000)  and  less  than  fifteen  thousand  (15,000),  such  compensa- 
tion shall  not  be  less  than  $1800.00  per  annum;  in  counties  containing  a 
school  population  of  six  thousand  (6,000)  and  less  than  seven  thousand 
(7,000),  such  compensation  shall  not  be  less  than  $1600.00  per  annum;  in 
counties  having  a  school  population  of  not  less  than  4,000  and  not  more  than 
6,000,  such  compensation  shall  be  not  less  than  $1400.00;  in  counties  con- 
taining a  school  population  of  two  thousand  five  hundred  (2,500)  and 
less  than  four  thousand  (4,000),  such  compensation  shall  not  be  less  than 
$1300.00  per  annum;  in  counties  containing  a  school  population  of  two 
thousand  (2,000)  and  less  than  two  thousand  five  hundred  (2,500),  such 
compensation  shall  not  be  less  than  $1100.00  per  annum;  in  counties  con- 
taining a  school  population  of  fifteen  hundred  (1,500)  and  less  than  two 
thousand  (2,000),  such  compensation  shall  not  be  less  than  $1,000.00  per 
annum;  in  counties  containing  a  school  population  of  less  than  one  thousand 
five  hundred,  the  county  superintendent  shall  receive  not  less  than  $5.00 
per  day  for  each  day  actually  employed  in  the  performance  of  the  duties 
of  the  office,  but  the  total  compensation  in  this  class  shall  not  exceed  $1,000 
per  annum.  The  number  of  days  necessary  for  the  performance  of  said 
duties  shall  be  determined  by  the  county  superintendent,  but  the  number 
of  days  so  employed  shall  not  be  less  than  two  times  the  number  of  districts 
in  the  county,  and  one  day  for  each  precinct  thereof  for  the  examination  of 
teachers.  The  county  board,  at  their  option,  may  allow  the  county  super- 
intendent such  clerk  hire  and  traveling  expenses  as  they  deem  necessary, 
and  for  said  traveling  expenses  the  county  superintendent  shall  present 
such  sworn  statements  and  receipts  as  the  County  Board  may  require. 
Provided,  however,  that  in  counties  where  the  assessed  valuation  of  the 
county  is  not  in  excess  of  the  sum  of  $500,000.00,  the  number  of  days  neces- 
sary for  the  performance  of  said  duties  may  be  determined  by  the  Board  of 
County  Commissioners,  but  the  number  of  days  so  employed  shall  not  be 
less  than  two  times  the  number  of  districts  in  the  county,  and  one  day  for 
each  precinct  thereof  for  the  examination  of  teachers. 

When  the  compensation  of  the  county  superintendent  has  been  fixed  by  the  commis- 
sioners as  provided  by  law,  it  remains  unchanged  until  altered  by  the  same  board  at  the  time 
prescribed  by  the  statute. 

Sec.  3. — (11666) — Duties  of  County  Superintendent — Payment  of  school 
supplies. — It  shall  be  the  duty  of  the  county  superintendent  to  visit  each  of 
the  schools  of  his  county  at  least  once  in  each  year  to  examine  carefully  into 
the  discipline  and  modes  of  instruction  and  into  the  progress  and  proficiency 
of  the  pupils,  and  to  make  a  record  of  the  same,  and  to  counsel  with  teachers 
and  district  boards  as  to  the  course  of  study  to  be  pursued,  and  for  the  im- 
provement of  the  instruction  and  discipline  of  the  school;  to  note  the  condi- 
tion of  the  school  house  and  appurtenances  thereto,  and  to  suggest  a  place 
for  new  school  houses  to  be  erected,  and  for  warming  and  ventilating  the 
same,  and  the  general  improvement  of  the  school  house  and  grounds;  to 
promote  by  public  lectures  and  teachers'  institutes,  and  by  such  other  means 
as  he  may  devise  for  the  improvement  of  the  schools  in  his  county,  and  the 


Subdiv.  7]  COUNTY  SUPERINTENDENT  67 

elevation  of  the  character  and  qualifications  of  the  teachers  thereof;  to  con- 
sult with  the  teachers  and  school  boards  to  secure  general  and  regular  attend- 
ance of  the  children  of  his  county  upon  the  public  schools;  Provided,  further, 
That  it  shall  be  the  duty  of  the  county  superintendent  to  furnish  to  each 
district  in  the  county  a  copy  of  the  course  of  study  for  public  schools  as  pre- 
scribed by  the  state  superintendent;  to  forward  to  the  teachers  from  time  to 
time,  such  written  or  printed  questions  for  reviews  based  upon  such  course 
of  study,  as  in  his  judgment  are  necessary  or  expedient;  to  furnish  the  neces- 
sary blanks  for  the  annual  report  of  the  director,  the  census  report  of  the 
district,  and  such  other  blanks  as  he  may  deem  helpful  for  the  work  of  the 
schools;  and  to  furnish  the  necessary  record  books  for  the  schools  and  for 
the  district  officers.  All  the  supplies  above  mentioned  not  paid  for  by  the 
state  shall  be  paid  for  out  of  the  general  funds  of  the  county.  [Amended 
1909.] 

Sec.  6. — (11669)— Blanks  and  communications  received  from  state 
superintendent. — It  shall  be  the  duty  of  the  county  superintendent  to  receive 
all  such  blanks  and  communications  as  may  be  directed  to  him  by  the  state 
superintendent  of  public  instruction,  and  to  dispose  of  the  same  in  the  manner 
directed  by  the  state  superintendent. 

Sec.  7. — (11670) — Examine  district  reports. — The  county  superinten- 
dent shall  examine  into  the  correctness  of  the  reports  of  the  district  boards, 
and  may,  when  necessary,  require  the  same  to  be  amended,  and  shall  indorse 
his  approval  on  such  as  he  shall  find  correct,  and  transmit  duplicates  thereof, 
together  with  such  other  information  as  may  be  required  of  him,  to  the  state 
superintendent  of  public  instruction,  when  required  by  said  state  superin- 
tendent. 

Sec.  8. — (11671) — County  superintendent  subject  to  rules  and  instruc- 
tions of  state  superintendent — Report  of  county  superintendent. — The  county 
superintendents  shall  be  subjected  to  such  rules  and  instructions  as  the  state 
superintendent  of  public  instruction  may  from  time  to  time  prescribe;  and 
they  shall  report  annually  to  the  superintendent  of  public  instruction,  at 
such  times  as  he  may  direct,  of  the  official  labors  performed,  and  of  the  gen- 
eral condition  and  management  of  the  schools  under  their  charge,  and  such 
other  information  as  may  be  required  of  them  by  said  superintendent. 

Sec.  9. — (11672) — Vacancy  in  office,  how  rilled. — Whenever  by  death, 
resignation,  or  removal,  or  otherwise  the  office  of  superintendent  shall  become 
vacant,  the  county  board  shall  have  power  to  fill  such  vacancy. 

Sec.  10. — (11673) — Notice,  report  due. — Should  any  district  neglect  to 
send  in  the  reports  required  by  section  2,  subdivision  5  of  this  chapter,  by 
the  first  Monday  in  July,  it  shall  be  the  duty  of  the  county  superintendent 
to  notify  the  officers  of  such  district  that  the  report  is  due,  and  should  be 
sent  at  once. 

Sec.  11. — (11674) — Report  to  superintendents  of  blind  and  deaf. — The 

county  superintendent  shall  report  on  or  before  the  first  Tuesday  in  Sep- 
tember of  each  year,  to  the  superintendent  of  the  blind  asylum,  the  name, 


68  NEBRASKA  SCHOOL  LAWS  [Subdiv.  8 

age,  residence,  and  post-office  address  of  every  person  blind  to  such  an 
extent  as  to  be  unable  to  acquire  an  education  in  the  common  schools,  and 
who  resides  in  the  county  in  which  he  is  superintendent,  and  also  to  the 
superintendent  of  the  Nebraska  Institute  for  the  Deaf  and  Dumb,  the  name, 
age,  and  post-office  address  of  every  deaf  and  dumb  person  between  the  ages 
of  five  and  twenty-one  years,  who  resides  within  his  county,  including  all 
such  persons  as  may  be  deaf  to  such  an  extent  as  to  be  unable  to  acquire  an 
education  in  the  common  schools.  [See  chapters  22  and  42,  Compiled 
Statutes.] 

Cited  43  Neb.,  184. 


SUBDIVISION  VIII.— STATE  SUPERINTENDENT. 

Section  1. — (11675) — Office. — The  superintendent  of  public  instruction 
shall  keep  an  office,  which  shall  be  furnished  for  him  at  the  seat  of  govern- 
ment of  the  state,  and  he  shall  keep  all  books  and  papers  pertaining  to  his 
office  therein,  subject  at  all  times  to  the  examination  of  the  governor  or 
auditor  of  state,  or  a  committee  from  either  branch  of  the  legislative  assembly. 

Sec.  2. — (11676) — Normal  institutes.— He  shall  organize  teachers' 
normal  institutes  at  such  times  and  places  as  he  shall  deem  practicable.  He 
shall,  as  far  as  practicable,  attend  said  institute  and  provide  proper  instruc- 
tors for  the  same,  and  in  other  ways  seek  to  improve  the  efficiency  of  teachers, 
and  advance  the  cause  of  education  in  the  state. 

Sec.  3. — (11677) — Visit  schools. — He  shall  visit  such  schools  as  he  may 
have  it  in  his  power  to  do,  and  witness  and  advise  with  teachers  and  school 
officers  upon  the  manner  in  which  they  are  conducted. 

Sec.  4. — (11678) — Decide  disputed  points. — He  shall  decide  disputed 
points  in  school  law,  and  all  such  decisions  shall  be  held  to  have  the  force 
of  law  till  reversed  by  the  courts. 

Sec.  5. — (11679) — Forms  of  reports. — He  shall  prescribe  forms  for 
making  all  reports  and  regulations  for  all  proceedings  under  the  general 
school  laws  of  the  state. 

Sec.  6. — (11680) — School  laws. — He  shall  cause  to  be  printed,  in  pam- 
phlet form,  the  school  laws  and  laws  relating  to  the  school  lands  with  blank 


Subdiv.  8]  STATE  SUPERINTENDENT  69 

forms  prescribed  by  him,  and  furnish  each  county  superintendent  with  a 
sufficient  number  to  supply  the  district  officers  within  his  jurisdiction. 

Sec.  7. — (11681) — Report  annually  to  the  governor. — He  shall  annually, 
on  the  first  day  of  January,  submit  to  the  governor  of  the  state  a  full  report 
of  the  operations  of  his  office  during  the  year,  which  report  shall  contain  a 
statement  of  the  school  funds  of  the  state,  and 'an  account  of  the  receipts 
and  expenditures  for  the  purpose  of  schools,  a  statement  of  the  condition 
of  the  common  schools  and  other  educational  institutions  chartered  or  fos- 
tered by  the  state,  embracing  the  number  of  schools  of  the  several  grades, 
the  number  and  average  compensation  of  the  teachers,  the  names  and  com- 
pensations of  county  superintendents,  the  number  of  pupils  attending  the 
several  schools,  the  enumeration  of  youth  by  counties,  the  value  of  school- 
houses,  sites,  apparatus,  and  furniture;  a  statement  of  such  plans  as  he  may 
devise  for  the  better  management  of  the  school  funds,  and  the  school  system, 
and  such  other  statements  as  he  may  deem  expedient  to  communicate  relat- 
ing to  his  office  and  popular  education. 

Sec.  8. — (11682) — Report  to  be  printed. — He  shall  cause  his  report  to 
be  printed  by  the  state  printing  board,  and  shall  deliver  at  the  commence- 
ment of  each  regular  session  of  the  legislature  fifty  copies  thereof  to  the 
senate,  and  one  hundred  and  fifty  copies  to  the  house  of  representatives,  and 
shall  transmit  one  copy  to  each  county  and  city  superintendent  of  schools  in  the 
state,  and  one  to  each  state  superintendent  of  public  instruction  of  other 
states. 

Sec.  8a. — (11684)— Deputy. — The  superintendent  of  public  instruction 
of  the  state  of  Nebraska  shall  have  power  to  appoint  a  deputy  superinten- 
dent of  public  instruction  and  the  said  deputy  may  do  and  perform,  in  the 
absence  or  inability  of  the  superintendent  of  public  instruction,  all  the  acts 
and  duties  that  may  be  authorized  and  required  to  be  performed  by  the 
superintendent  of  public  instruction;  and  the  superintendent  shall  be  respon- 
sible for  all  the  official  acts  of  his  deputy. 
Cited  25  Neb.,  662. 

Sec.  8b. — (11685) — Salary. — Said  deputy  shall  receive  a  salary  of  eigh- 
teen hundred  dollars  ($1,800)  dollars  per  annum,  to  be  paid  by  warrant  of 
the  auditor  of  public  accounts  on  the  treasurer,  said  warrant  to  be  drawn 
monthly. 

Sec.  9. — (11683) — Apportionment  of  school  funds. — He  shall,  semi- 
annually,  on  or  before  the  third  Monday  in  June  and  the  last  Monday  in 
December,  make  an  apportionment  of  the  funds  which  are  in  the  treasury 
and  which  are  applicable  to  the  support  of  schools,  which  apportionment 
shall  be  based  upon  the  enumeration  of  youth  reported  to  the  state  superin- 
tendent by  the  county  superintendents. 


70  NEBRASKA  SCHOOL  LAWS  [Subdiv.  9 

SUBDIVISION  IX.— THE  TEACHER. 

Section  1. — (11686) — Qualifications  of  teachers. — No  person  shall  be 
accounted  a  qualified  teacher,  within  the  meaning  of  the  school  law  who  has 
not  a  certificate  in  force  from  a  county  superintendent,  or  one  as  provided 
for  in  subdivision  XIV.,  section  19,  of  this  chapter  (Schools  in  Cities),  or  a 
certificate  or  diploma  from  a  state  normal  school  of  Nebraska,  a  certificate 
from  the  state  superintendent  of  public  instruction,  or  a  diploma  from  a 
state  normal  school  of  another  state,  approved  by  the  state  superintendent 
of  this  state  (or  a  certificate  as  provided  in  Sections  la,  lb,  6  and  7  of  this 
subdivision). 

A  proper  certificate  of  qualification  is  essential  to  warrant  a  school  board  in  paying  a 
teacher  from  the  public  school  fund.  The  prohibition  of  the  statute,  however,  is  upon  the 
district  board,  and  not  upon  the  teacher;  and  where  during  a  part  of  a  term,  the  teacher  was 
without  a  certificate,  notwithstanding  which  payment  for  the  time  was  made,  in  an  action  to 
recover  wages  due  for  the  last  month  of  the  term,  during  all  of  which  the  teacher  had  a  certifi- 
cate; held,  that  the  amount  so  paid  could  not  be  set  off  against  what  was  due  for  the  last  month. 
(School  District  vs.  Estes,  13  Neb.,  52,  13  N.  W.,  16.) 

Teacher  may  be  discharged  for  incompetency  or  other  sufficient  cause  at  will  of  major- 
ity of  board.  6  Neb.,  173.  Teacher  employed  for  nine  months,  working  eight,  not  teaching 
the  nine  through  neglect  of  officers  of  district,  held,  entitled  to  pay  for  that  month.  13  Neb., 
54.  Cited  19  Id.,  496. 

Substitute  teacher. — A  teacher  has  no  right  to  place  a  substitute  in  his  school  without  being 
authorized  to  do  so  by  the  district  board.  However,  it  would  be  within  the  authority  of  the  district 
board  to  ratify  such  an  action  of  a  teacher  in  case  of  an  emergency,  providing  that  the  substitute 
be  a  legally  qualified  teacher.  A  teacher  under  contract  with  a  district  could  not  properly  demand 
of  the  district  payment  for  the  services  rendered  by  a  substitute  appointed  by  him  without  author- 
ity. However,  in  case  the  substitute,  a  legally  qualified  teacher,  were  permitted,- with  the  knowledge 
of  the  district  board,  to  teach  the  school,  said  substitute  would^have  a  valid  claim  against  the 
district  for  the  value  of  the  services  rendered  by  him. 

Sec.  la. — (11689) — Graduates  University  of  Nebraska  or  other  incor- 
porated schools  of  this  state. — All  graduates  of  the  University  of  Nebraska 
holding  the  degree  of  bachelor  of  arts  or  bachelor  of  science  and  in  addition 
thereto  certificates  authorized  by  the  board  of  regents  showing  that  such 
graduates  have  completed  the  course  of  instruction  prescribed  by  the  regents 
and  faculty  of  said  university  for  the  special  training  and  instruction  of 
teachers,  and  such  other  graduates  as  hold  the  same  degrees  from  any  college 
or  university  duly  incorporated  under  the  laws  of  the  state  of  Nebraska, 
who,  in  the  judgment  of  the  state  superintendent  of  public  instruction  or 
the  state  board  of  examiners  for  life  certificates,  have  completed  in  their 
respective  institutions  an  equivalent  of  the  courses  in  the  University  of 
Nebraska  for  said  degrees  prescribed  by  the  regents  and  faculty  of  said  uni- 
versity, shall  be  accredited  as  qualified  teachers  within  the  meaning  of  the 
school  law  of  this  state;  and  all  such  graduates  shall  have  equal  privileges, 
upon  equal  conditions,  with  graduates  from  any  and  all  other  educational 
institutions  within  this  state  under  the  school  law  thereof.  Said  colleges 
shall  from  year  to  year  maintain  entrance  requirements,  degree  require- 
ments and  professional  study  requirements  equivalent  to  those  of  the  Uni- 
versity of  Nebraska.  Each  year  the  state  superintendent  of  public  instruc- 
tion shall  satisfy  himself  by  personal  inspection  or  by  the  personal  inspection 
of  the  state  board  of  examiners  for  life  certificates  that  said  requirements  have 
been  maintained  before  any  certificate  can  be  granted  by  such  institution.  Said 
certificates  are  hereby  declared  to  be  valid  as  first  grade  state  certificates  enti- 
tling the  holders  to  teach  in  the  public  schools  of  the  state  of  Nebraska  for  a 


Subdiv.  9]  THE  TEACHER  71 

period  of  three  years  from  their  date.  Said  certificates  shall  be  signed  by  the 
president  and  secretary  of  the  board  of  trustees  and  the  president  or  chancellor 
of  the  proper  institution. 

Sec.  Ib. — (11690) — Same,  confirmation  of  certificates. — After  three 
years  of  actual  teaching,  the  certificates  of  the  graduates  of  the  University 
of  Nebraska  or  of  any  other  college  or  university  mentioned  or  described  in 
section  11141,  Cobbey's  Annotated  Statutes  of  Nebraska  for  1903,  shall  be 
countersigned  by  the  state  superintendent  of  public  instruction  upon  satis- 
factory evidence  that  the  services  of  the  applicant  have  been  successful, 
making  such  certificate  good  for  life.  Said  counter-signature  may  be  can- 
celled and  its  legal  effect  annulled  by  the  state  superintendent  of  public 
instruction  upon  satisfactory  evidence  of  disqualification.  Such  certificates 
shall  be  subject  to  the  provisions  for  lapsing  set  forth  in  section  11114c, 
Cobbey's  Supplement  1905,  to  his  Annotated  Statutes  of  Nebraska. 

Sec.  2. — (11687) — Report  monthly. — Every  teacher  shall  make  a 
monthly  return  to  the  director  of  the  district  of  the  number  of  pupils  attend- 
ing his  or  her  school,  the  names  and  ages  of  each,  the  days  attending,  the 
studies  pursued,  and  no  teacher  will  be  entitled  to  receive  pay  in  full  for  a 
term's  service  till  the  term  summary  is  properly  filled  out  and  approved  by 
the  director. 

A  rule  which  makes  it  the  duty  of  a  teacher  to  keep  a  record  of  the  standing  of  each 
pupil  in  the  studies  pursued  by  him,  of  his  attendance  and  deoortment.  to  send  each  month  by 
the  pupil  a  written  report  of  the  same  to  his  parent  or  guardian  and  which  requires  such  parent 
or  guardian  to  sign  and  return  the  same  to  the  teacher,  is  a  reasonable  one.  (Bourne  vs.  State, 
ex  rel.  Taylor,  35  Neb.,  1,  52  N.  W.,  710.) 

The  teacher's  register  should  be  approved  by  the  director  at  the  close  of  each  month; 
and  an  order  for  the  pay  of  the  teacher  should  not  be  drawn  until  the  register  has  been  sub- 
mitted to  and  approved  by  the  director.  A  duplicate  of  the  classification  record  and  term  sum- 
mary should  be  forwarded  to  the  counry  superintendent  at  the  close  of  each  term.  % 

A  teacher  who  fails  or  neglects  to  make  out  a  report  ought  not  to  be  allowed  to  teach, 
and  should  have  his  certificate  revoked. 

Sec.  3. — (11688) — Length  of  month. — In  the  absence  of  any  agreement 
between  the  director  and  teacher  to  the  contrary,  twenty  days  shall  consti- 
tute a  school  month. 

Where  a  school  teacher  is  employed  by  contract  for  a  given'number  of  months,  and 
fails  to  perform  her  duties  during  a  part  of  the  stipulated  period,  through  no  fault  of  her  own, 
but  through  the  fault  of  the  school  officers,  she  being  at  all  times  able  and  willing  to  perform, 
she  is  entitled  to  the  same  compensation  during  such  part  as  though  she  had  kept  the  school. 
(School  District  vs.  Estes,  13  Neb.,  52.  13  N.  W.,  18.) 

Sec.  4. — (11694) — Scientific  temperance  instruction. — Provisions  shall 
be  made  by  the  proper  local  school  authorities  for  instructing  the  pupils  in 
all  schools  supported  by  public  money,  or  under  state  control,  in  physiology 
and  hygiene,  with  special  reference  to  the  effects  of  alcoholic  drinks  and 
other  stimulants  and  narcotics,  upon  the  human  system. 

Sec.  5. — (11695) — Examination. — No  certificate  shall  be  granted  to  any 
person  to  teach  in  the  public  school  of  the  state  of  Nebraska  after  the  first 
day  of  January,  eighteen  hundred  and  eighty-six,  who  has  not  passed  a 
satisfactory  examination  in  physiology  and  hygiene,  with  special  reference 
to  the  effects  of  alcoholic  drinks  and  other  stimulants  and  narcotics  upon  the 
human  system. 


72  NEBRASKA  SCHOOL  LAWS  [Subdiv.  9 

Sec.  6. — (11691) — College  and  normal  graduates. — When  any  college, 
university  or  normal  school  in  this  state  shall  have  a  course  of  study  equal  in 
extent  and  similar  in  subjects  to  the  elementary  course  of  the  state  normal 
schools,  and  shall  have  full  and  ample  equipment  and  a  faculty  of  instructors 
fully  competent  to  give  and  who  are  actually  giving  satisfactory  instruction 
in  the  branches  contained  in  said  course  and  equivalent  to  that  given  in  the 
state  normal  schools,  any  graduate  from  such  course  shall  be  granted  by 
the  board  of  trustees  of  the  proper  institution  a  second  grade  certificate  of 
the  same  tenor  and  effect  as  the  certificate  to  teach  issued  to  the  graduates 
from  the  elementary  course  of  the  state  normal  schools.  Said  certificate 
shall  be  signed  by  the  president  of  the  board  of  trustees  and  the  head  of  the 
department  of  education  of  the  proper  institution,  and  the  state  superin- 
tendent of  public  instruction. 

Sec.  7. — (11692) — Same. — When  any  college,  university  or  normal 
school  in  this  state  shall  have  a  course  of  study  equal  in  extent  and  similar 
in  subjects  to  the  higher  course  in  the  state  normal  schools,  and  shall  have 
full  and  ample  equipment  and  a  faculty  of  instructors  fully  competent  to 
give  and  are  actually  giving  satisfactory  instruction  in  the  branches  con- 
tained in  said  course  and  equivalent  to  that  given  in  the  state  normal  schools, 
the  graduates  from  such  course  shall  be  granted  by  the  board  of  trustees  of 
the  proper  institution  a  first  grade  state  certificate  of  the  same  tenor  and  effect 
as  the  certificate  to  teach  issued  to  the  graduates  from  the  higher  course  of  the 
state  normal  schools.  Such  certificate  shall  be  signed  by  the  president  of 
the  board  of  trustees  and  the  head  of  the  department  of  education  of  the 
proper  institution  and  the  state  superintendent  of  public  instruction.  After 
three  years  of  actual  teaching  the  first  grade  state  certificates  issued  by  any 
institution  as  set  forth  in  this  section  may  be  countersigned  by  the  state 
superintendent  of  public  instruction  upon  satisfactory  evidence  that  the 
services  of  the  applicant  have  been  successful,  making  such  certificate  good 
for  life.  Said  countersignature  may  be  cancelled  and  its  legal  effect  annulled 
by  the  state  superintendent  of  public  instruction  upon  satisfactory  evidence 
of  disqualification.  Such  certificates  shall  be. subject  to  the.  provisions  for 
lapsing  set  forth  in  section  11114c,  Cobbey's  Supplement  (1905)  to  his  Anno- 
tated Statutes  of  Nebraska. 

Sec.  8. — (11693) — Same  defined.— The  determination  of  the  question 
as  to  what  institutions  are  entitled  to  the  privileges  set  forth  in  sections 
11141,  11143  and  11144,  Cobbey's  Annotated  Statutes  of  Nebraska  for 
1903,  shall  be  in  the  hands  of  the  state  superintendent  of  public  instruction 
or  the  state  board  of  examiners  for  life  certificates.  No  educational  institu- 
tions shall  be  entitled  to  the  privileges  conferred  by  sections  11143  and  11144 
unless  the  following  requirements  have  been  fulfilled: 

First. — Such  institution  shall  be  incorporated  under  the  laws  of  the 
state  of  Nebraska. 

Second. — Said  incorporation  shall  have  at  least  fifty  thousand  dollars 
invested,  or  available  for  use  in  the  school. 

Third. — Said  incorporation  shall  employ  not  fewer  than  five  teachers 


Subdiv.  9a  TEACHERS'  CERTIFICATES  73 

who  shall  put  in  full  time  in  giving  instruction  in  the  branches  of  study 
required  to  be  taught  by  the  provisions  of  this  act. 

Fourth. — The  state  superintendent  of  public  instruction  shall  satisfy 
himself  by  personal  inspection  or  by  the  personal  inspection  of  the  state 
board  of  examiners  for  life  certificates  that  any  institution  desiring  recog- 
nition under  this  act  has  duly  complied  with  the  requirements  set  forth 
herein  and  in  sections  11143  and  11144  as  hereby  amended. 

Fifth. — The  entrance  requirements  to  the  elementary  and  higher  courses 
and  the  time  required  for  the  completion  of  said  courses  shall  be  the  same 
as  in  the  state  normal  schools.  Each  year  the  state  superintendent  of  public 
instruction  shall  satisfy  himself  by  personal  inspection  or  by  the  personal 
inspection  of  the  state  board  of  examiners  for  life  certificates  that  said  require- 
ments have  been  met  before  any  certificate  can  be  granted  by  such  institu- 
tion. 

Sec.  9. — Extent  of  act. — The  provisions  of  this  bill  shall  riot  apply  to 
graduates  of  any  school  approved  by  the  state  superintendent  who  were 
graduated  prior  to  the  passage  of  this  act. 


SUBDIVISION  IXa.— TEACHERS'  CERTIFICATES. 

Section  1. — (11648) — No  ex-post  facto. — Nothing  in  this  act  shall  be 
construed  to  invalidate  any  certificate  heretofore  granted  under  the  laws 
of  the  state  of  Nebraska,  but  the  same  shall  continue  in  effect  until  the 
expiration  of  the  time  for  which  such  certificate  was  granted,  and  any  con- 
tract made  in  good  faith  by  and  between  any  teacher  and  any  board  of  edu- 
cation under  the  provisions  of  the  school  laws  of  this  state  heretofore  existing 
is  hereby  recognized  as  a  valid  contract  during  the  life  of  such  certificate, 
the  same  as  if  made  under  the  provisions  of  this  act. 

Sec.  2. — (11649) — Classes  of  certificates.— The  teachers'  certificates 
issued  by  authority  of  the  state  of  Nebraska,  and  entitling  the  holders  thereof 
to  teach  in  the  schools  of  this  state,  shall  consist  of  three  principal  classes, 
viz.,  state  certificates,  county  certificates,  and  city  certificates. 

Sec.  3. — (11650) — State  certificates,  classes  of.— State  certificates  shall 
consist  of  three  classes,  viz.: 

First. — The  professional  state  certificate  which  shall  be  good  for  life 
entitling  the  holder  thereof  to  teach  in  any  public  school  of  Nebraska.  Pro- 
vided, That  no  life  certificate  shall  be  in  force  after  the  holder  shall  permit  a 
space  of  three  years  to  lapse  without  following  some  educational  pursuit, 
unless  said  certificate  be  endorsed  by  the  state  superintendent. 

Second. — The  first  grade  state  certificate  which  shall  be  good  for  three 


74  NEBRASKA  SCHOOL  LAWS  [Subdiv.  9a 

years  from  date  of  issuance,  entitling  the  holder  thereof  to  teach  in  any 
public  school  of  Nebraska  during  the  life  of  such  certificate.  After  three 
years  of  successful  experience  the  holder  of  a  first  grade  state  certificate 
shall  be  entitled  to  a  professional  state  certificate  good  for  life. 

Third. — The  elementary  state  certificate  which  shall  be  good  for  a 
term  of  not  less  than  one  year  and  not  to  exceed  three  years  from  date  of 
issuance,  at  the  discretion  of  the  county  superintendent  of  the  county  in 
which  the  holder  of  such  certificate  shall  teach. 

Sec.  4. —  (11651) — County  certificates,  grades  of.— County  certificates 
shall  consist  of  three  grades,  viz.: 

First. — The  first  grade  county  certificate  which  shall  be  valid  in  and 
for  the  county  where  granted  for  a  term  of  not  less  than  two  years  and  not 
to  exceed  three  years  from  date  of  issuance,  at  the  discretion  of  the  county 
superintendent  of  the  county  in  which  the  holder  of  such  certificate  shall 
teach. 

Second. — The  second  grade  county  certificate  which  shall  be  valid  in 
and  for  the  county  where  granted  for  a  term  of  not  less  than  one  year  and 
not  to  exceed  two  years  from  date  of  issuance,  at  the  discretion  of  the  county 
superintendent  of  the  county  in  which  the  holder  of  such  certificate  shall 
teach. 

Third. — The  third  grade  county  certificate  which  shall  be  valid  in  and 
for  the  county  where  granted  for  such  term  as  the  county  superintendent 
may  deem  best  but  not  exceeding  one  year  from  date  of  issuance.  Provided, 
that  no  person  shall  be  entitled  to  receive  more  than  one  third  grade  county 
certificate. 

Sec.  5.— (11652) — City  certificates  shall  be  granted  as  state  certificates, 
under  rules  prescribed  by  the  state  superintendent  of  public  instruction,  and 
such  certificates  shall  consist  of  six  general  classes,  as  follows:  (1)  Kinder- 
garten, (2)  primary,  (3)  grammar,  (4)  high  school,  (5)  special  supervisor  and 
(6)  superintendent.  The  rules  for  city  certificates  shall  set  forth  in  detail 
the  standards  for  each  class  of  certificates  and  shall  fix  the  minimum  re- 
quirements for  each  class  which,  for  teaching  in  the  grades,  must  not  be  less 
than  a  second  grade  county  certificate,  and  for  teaching  in  the  high  school  or 
for  supervising  city  schools,  must  not  be  less  than  the  equivalent  of  a  first 
grade  state  certificate.  Changes  made  in  the  rules  during  the  school  year 
shall  not  be  effected  earlier  than  the  next  first  of  July  thereafter.  Provided, 
that  city  certificates  shall  be  granted  to  teachers  properly  certified  who  hold 
positions  in  the  schools  for  the  school  year  1910-1911,  and  who  show  evi- 
dence of  success  in  the  profession  of  teaching. 

Sec.  6. — (11653) — Professional  state  certificates. — The  professional  state 
certificate  may  be  granted  to  any  person  of  approved  learning  and  character, 
and  possessing  evident  ability  in  the  science  and  art  of  school  management, 
who  has  had  one  year's  successful  experience  as  a  teacher  in  the  public 
schools  of  this  state,  who  holds  a  first  grade  county  certificate  and  in  addi- 
tion thereto  shall  pass,  a  satisfactory  examination  before  the  superintendent 
of  public  instruction  or  a  committee  of  three  competent  persons  appointed 


Subdiv.  9a]  TEACHERS'  CERTIFICATES  75 

by  him,  in  chemistry,  English  literature,  general  history,  geology,  physical 
geography,  plane  trigonometry,  psychology,  rhetoric  and  zoology. 

The  professional  state  certificate  may  be  granted  also  to  any  person 
who  is  a  graduate  from  a  college  or  university  of  good  standing  of  this  or 
any  other  state,  who  has  had  three  years'  successful  experience  as  a  teacher 
in  the  public  schools  of  Nebraska,  and  who  holds  a  first  grade  county  certifi- 
cate issued  in  this  state. 

The  professional  state  certificate  may  be  granted  also  to  any  person 
who  holds  a  diploma  from  a  state  normal  school  of  another  state  conferring 
the  right  to  teach  for  life  in  said  state. 

The  professional  state  certificate  may  be  granted  also,  at  the  discretion 
of  the  state  superintendent,  to  the  holder  of  a  professional  state  certificate 
from  another  state. 

All  certificates  named  in  this  section  shall  be  granted  by  the  state  super- 
intendent of  public  instruction. 

Sec.  7.— (11654)— First  grade  county  certificates.— The  first  grade 
county  certificates  may  be  granted  to  any  person  of  approved  learning  and 
character,  and  possessing  evident  ability  to  teach  and  govern  a  school,  who 
shall  pass  a  satisfactory  examination  in  all  the  branches  required  to  obtain 
a  second  grade  county  certificate,  and  in  algebra,  botany,  geometry,  and 
physics.  Provided,  That  on  and  after  September  1,  1907,  no  person  shall 
be  granted  a  first  grade  county  certificate  who  has  not  had  at  least  twelve 
weeks'  normal  training  in  a  college,  university,  or  normal  school  of  approved 
standing  in  this  or  in  another  state,  or  in  a  state  junior  normal  school  of 
Nebraska,  or  in  a  high  school  of  Nebraska  approved  by  the  state  superin- 
tendent of  public  instruction  as  being  equipped  to  give  such  normal  training. 
Provided  further,  That  one  or  more  years'  successful  experience  as  a  teacher 
may  be  considered  the  equivalent  of  the  normal  training  required  by  this 
section. 

Sec.  8. — (11655) — Second  grade  county  certificates. — The  second  grade 
county  certificate  may  be  granted  to  any  person  of  approved  learning  and 
character,  who,  in  addition  to  the  branches  specified  for  the  third  grade 
county  certificate,  shall  pass  a  satisfactory  examination  in  civil  government, 
bookkeeping,  blackboard  drawing,  theory  and  art  of  teaching,  and  the  ele- 
ments of  agriculture,  including  a  fair  knowledge  of  the  structure  and  habits 
of  the  common  plants,  insects,  birds  and  quadrupeds.  Provided,  That  on 
and  after  September  1,  1907,  no  person  shall  be  granted  a  second  grade  cer- 
tificate who  has  not  had  at  least  eight  weeks'  normal  training  in  a  college, 
university,  or  normal  school  of  approved  standing  in  this  or  in  another  state, 
or  in  a  state  junior  normal  school  of  Nebraska,  or  in  a  high  school  of  Nebraska 
approved  by  the  state  superintendent  of  public  instruction  as  being  equipped 
to  give  such  normal  training.  Provided  further,  That  one  or  more  years' 
successful  experience  as  a  teacher  may  be  considered  the  equivalent  of  the 
normal  training  required  by  this  section. 

Sec.  9. — (11656) — Third  grade  county  certificates. — The  third  grade 
county  certificate  may  be  granted  to  any  person  of  approved  character  who 


76  NEBRASKA  SCHOOL  LAWS  [Subdiv.  9a 

shall  pass  a  satisfactory  examination  in  orthography,  reading,  penmanship, 
geography,  arithmetic,  physiology  and  hygiene,  English  composition,  English 
grammar,  and  United  States  history. 

Sec.  10. — (11657) — Preparation  of  examination  questions — Marking 
and  filing  papers. — The  state  superintendent  of  public  instruction  shall 
prepare  oil  questions  for  the  examination  of  applicants  for  teachers'  certifi- 
cates as  provided  under  this  act,  both  county  and  state,  and  shall  prescribe 
all  rules  and  regulations  for  the  conduct  of  all  such  examinations,  and  shall 
determine  the  times  and  places  for  all  examinations,  except  as  hereinafter 
provided.  He  shall  examine,  mark,  and  file,  or  cause  to  be  examined, 
marked,  and  filed,  all  answer  papers  submitted  by  candidates  for  state  and 
county  certificates,  which  answer  papers  shall  be  forwarded  by  the  county 
superintendent  immediately  after  the  close  of  each  examination  to  the 
state  superintendent  of  public  instruction.  He  may  appoint  a  committee 
of  three  competent  persons  and  such  clerical  force  as  he  may  deem  neces- 
sary to  assist  him  in  all  such  examinations,  who  shall  make  a  complete  and 
accurate  record  of  all  such  examinations  to  be  kept  on  file  in  the  office  of 
the  state  superintendent.  Provided,  That  the  state  superintendent  may 
require  county  superintendents  to  assist  him  in  the  preparation  of  examina- 
tion questions  for  county  certificates. 

Sec.  11. — (11658) — Examinations,  how  conducted — Certificate,  how 
issued. — The  county  superintendent  shall  hold  a  public  examination  of 
all  persons  offering  themselves  as  applicants  for  teachers'  certificates  on 
such  dates  as  may  be  arranged  by  the  state  superintendent  of  public  instruc- 
tion and  on  the  third  Monday*  (Saturday)  of  each  month  (except  when  such 
examination  is  suspended  by  the  state  superintendent),  at  which  time  he 
shall  examine  them  by  the  series  of  written  or  printed  questions  according 
to  the  rules  and  regulations  prescribed  by  the  state  superintendent  of  public 
instruction.  The  county  superintendent  shall  forward  all  answer  papers  sub- 
mitted by  candidates  for  teachers'  certificates,  designating  each  by  a  number 
instead  of  a  name,  immediately  after  the  close  of  the  examination,  to  the 
state  superintendent  of  public  instruction  for  examination,  marking,  filing 
and  recording.  The  state  superintendent  of  public  instruction  shall  transmit 
within  thirty  days  from  date  of  said  examination  a  record  of  the  standings  of 
each  applicant  for  a  county  certificate  to  the  county  superintendent,  who  shall 
then  grant  to  the  applicant  a  certificate  of  qualifications  if  the  applicant  is 
found  to  possess  the  requisite  knowledge  and  understanding  to  teach  in  the 
common  schools  of  the  state  the  various  branches  required  by  law,  provided 
the  county  superintendent  has  satisfactory  evidence  that  the  candidate  is  a 
person  of  good  moral  character,  has  had  successful  experience,  if  any,  and 
possesses  an  aptness  to  teach  and  govern  a  school.  Provided,  that  the  county 
superintendent  at  his  discretion  in  case  of  emergency,  may  grant  permission 
to  teach  until  the  results  of  the  next  regular  examination  are  received  from 
the  state  superintendent  of  public  instruction  to  any  person  applying  at  any 


*The  word  "Monday"  was  inserted  in  the  law  by  mistake.  The  state  superintendent 
has  therefore  suspended  all  Monday  examinations  and  arranged  to  have  examinations  held 
on  the  third  Saturday  of  each  month. 


Subdiv.  9a]  TEACHERS'  CERTIFICATES  77 

other  time  than  at  a  regular  examination,  who  can  show  satisfactory  reasons 
for  failing  to  attend  such  examination  and  satisfactory  evidence  of  qualifica- 
tions, subject  to  such  rules  and  regulations  as  may  be  prescribed  by  the 
state  superintendent  of  public  instruction;  but  such  permit  shall  not  be 
granted  more  than  once  in  any  county  to  the  same  person.  Provided  further, 
that  in  emergencies  arising  from  a  scarcity  of  teachers  in  any  county,  the 
state  superintendent  of  public  instruction  may  at  his  discretion,  upon  the 
recommendation  of  the  county  superintendent,  grant  permission  to  teach  in 
a  specified  district  for  a  specified  term  of  school,  the  person  given  such  per- 
mission to  teach  being  required  to  attend  teachers'  examinations  and  to 
write  upon  such  subjects  as  the  county  superintendent  may  direct.  Provided 
further,  that  the  county  superintendent  may,  at  his  discretion,  grant  a  first 
grade  county  certificate,  without  examination,  to  a  graduate  of  a  college, 
university,  or  state  normal  school,  subject  to  such  rules  and  regulations  as 
may  be  prescribed  by  the  state  superintendent  of  public  instruction. 

Sec.  12— (1 1659)  —The  first  grade  state  certificate  and  the  city  state  certifi- 
cate may  be  re-issued  under  such  rules  and  regulations  as  the  state  superin- 
tendent may  prescribe.  First  and  second  grade  county  certificates  may  be 
re-issued,  without  examination,  at  the  discretion  of  the  county  superinten- 
dent, under  such  requirements  as  may  be  imposed  by  the  State  superinten- 
dent of  public  instruction. 

The  certificate  issued  by  the  county  superintendent  shall  be  valid  only 
in  the  county  where  issued. 

Under  the  new  certification  law  neither  the  county  superintendent  nor  the  state  super- 
intendent can  endorse  any  certificate,  county,  city  or  state,  issued  in  Nebraska  or  in  any  other 
state.  The  powers  and  duties  of  the  county  superintendents  as  well  as  the  state  superinten- 
dent are  derived  entirely  from  the  authority  conferred  upon  them  by  statute.  They  can  exer 
cise  only  such  powers  as  are  specifically  granted  by  law.  It  must  appear  from  the  records  of 
their  proceedings  that  they  have  jurisdiction  or  their  acts  will  be  void.  This  is  the  principle 
of  law  laid  down  in  the  case  of  Ratcliffe  vs.  Faris  of  the  supreme  court  of  Nebraska.  While 
the  state  superintendent  is  not  prohibited  by  specific  act  from  endorsing  certificates  granted 
in  other  states,  he  is  not  given  that  authority.  Hence  were  he  to  attempt  it  his  act  would  be 
illegal.  The  county  superintendent  is  absolutely  prohibited  from  endorsing  any  certificate 
as  is  evident  from  the  last  paragraph  of  section  12,  subdivision  9a,  School  Laws,  for  1907, 
which  reads:  "The  certificate  issued  by  the  county  superintendent  shall  be  valid  only  in  the 
county  where  issued." 

Sec.  13. — (11660) — Revocation. — Every  certificate  issued  under  the 
provisions  of  this  act  shall  be  revoked  by  the  authority  issuing  the  same 
for  any  cause  which  would  have  authorized  or  required  such  authority  to 
refuse  to  grant  it  if  known  at  the  time  it  was  granted,  and  for  incompetence, 
immorality,  intemperance,  cruelty,  crime  against  the  law  of  the  state, 
negligence  of  duty,  or  general  negligence  of  the  business  of  the  school.  The 
revocation  of  the  certificate  shall  terminate  the  employment  of  such  teacher 
in  the  school  where  he  or  she  may  at  the  time  be  employed,  but  such  teacher 
must  be  paid  up  to  the  time  of  receiving  notice  of  such  revocation.  The 
authority  revoking  such  certificate  must  immediately  notify  the  director 
of  the  school  district  or  the  secretary  of  the  board  of  education  where  such 
teacher  is  employed.  And  the  authority  revoking  such  certificate  shall 
notify  the  teacher  of  such  revocation,  and  must  enter  his  action  in  such  case 
in  the  books  or  records  of  his  office.  .  Provided,  however,  that  no  certificate 


78  NEBRASKA  SCHOOL  LAWS  [Subdiv.   9a 

shall  be  revoked  without  due  notice  from  the  proper  authority,  and  an  oppor- 
tunity given  the  teacher  to  explain  or  defend  his  or  her  conduct. 

A  county  superintendent  has  no  authority  whatsoever  to  revoke  a  state  certificate- 
If  he  attempt  to  revoke  such  certificate  his  act  is  null  and  void.  Where  a  county  superin 
tendent  desires  the  revocation  of  a  state  certificate  he  should  make  his  charges  specific  and 
file  them  with  the  state  superintendent,  who  will  set  a  time  and  place  for  the  teacher  whose 
certificate  is  thus  attacked  to  show  cause  why  it  should  not  be  revoked. 

The  revocation  of  a  county  certificate  rests  solely  with  the  county  superintendent. 
The  state  superintendent  may,  however,  prefer  charges  against  the  holder  of  a  county  certifi- 
cate. He  may  also  revoke  or  annul  the  grades  of  any  teacher  which  have  been  earned  or 
accepted  under  the  new  certification  law,  when  it  becomes  evident  that  such  grades  were 
obtained  through  fraud  or  collusion. 

Sec.  14. — (11661) — Fees. — Each  applicant  who  is  examined  for  a 
county  certificate  shall  pay  one  dollar  and  fifty  cents  to  the  county  super- 
intendent, one  dollar  of  which  shall  go  to  the  teachers'  institute  fund  to  be 
used  by  him  in  support  of  teachers'  institutes  as  provided  in  section  11152  of 
subdivision  10,  chapter  51,  Cobbey's  Annotated  Statutes  of  Nebraska  for 
1903,  and  fifty  cents  of  said  fee  shall  be  used  by  the  superintendent  of  public 
instruction  as  hereinafter  provided.  It  shall  be  the  duty  of  the  county 
superintendent  immediately  after  each  examination  to  forward  fifty  cents 
for  each  applicant  for  a  teacher's  county  certificate  at  such  examination  to 
the  superintendent  of  public  instruction,  such  sums  to  be  used  by  him  as 
hereinafter  provided.  Each  applicant  for  a  professional  state  certificate 
shall  pay  one  dollar  to  the  superintendent  of  public  instruction,  to  be  used 
by  him  as  hereinafter  provided. 

Sec.  15. — (11662) — Registration. — Each  holder  of  an  elementary  or 
second  grade  state  certificate,  or  a  first  grade  certificate  or  a  professional 
state  certificate  good  for  life  shall,  before  he  begins  to  teach,  register  the 
same  in  the  office  of  the  county  superintendent  of  the  county  in  which  he 
shall  teach,  and  for  such  registration  he  shall  pay  a  fee  of  one  dollar,  which 
fee  shall  go  into  the  institute  fund  of  such  county. 

The  above  state  certificates,  when  used  simply  as  credentials  for  securing  city  state  certifi- 
cates, need  not  be  registered  in  the  office  of  the  county  superintendent. 

See.  16. — (11663) — Funds,  how  used. — For  the  purpose  of  carrying  out 
the  provisions  of  this  act,  the  superintendent  of  public  instruction  is  hereby 
authorized  to  use  all  fees  that  may  come  into  his  hands  as  provided  herein 
and  also  such  amount  from  the  appropriations  for  his  office  expenses  as  may 
be  necessary  for  the  payment  of  the  state  examining  committee  and  clerical 
assistance  as  herein  provided  for  the  preparation  of  examination  questions 
and  for  the  reading  of  all  teachers'  answer  papers,  and  work  and  expenses 
connected  therewith.  Provided,  That  if  the  fees  received  by  the  superin- 
tendent of  public  instruction  shall  be  in  excess  of  the  amount  necessary  for 
payment  of  the  state  examining  committee  and  clerical  assistance  and  other 
expenses  connected  with  such  examinations,  such  excess  shall  be  returned  to 
the  respective  county  superintendents  pro  rata  according  to  the  amount 
received  from  each  county,  and  the  amounts  so  returned  shall  go  into  the 
institute  funds  of  such  counties. 

The  superintendent  of  public  instruction  shall  make  a  semi-annual 
statement  to  the  governor  of  all  moneys  received  by  him  for  such  fund  and 
of  vl  moneys  disbursed  by  him  from  such  fund,  and  also  a  statement  show- 


Subdiv.   10]  TEACHERS'  INSTITUTES  79 

ing  how  much  money,  if  any,  he  shall  have  found  necessary  to  use  from  the 
appropriations  for  his  office  expenses  in  carrying  out  the  provisions  of  this 
act. 

Sec.  17. — (11664) — High  school  teachers,  qualifications. — On  and  after 
September  1,  1907,  no  person  shall  be  granted  a  certificate  to  teach  in  the 
high  school  department  of  any  high  school  district  or  in  the  high  school 
department  of  any  city  school  district  in  this  state  who  is  not  a  graduate 
from  a  regular  four-year  course  of  a  college  or  university,  or  a  graduate 
from  the  advanced  course  of  a  college,  university  or  normal  school  in  this 
state  authorized  by  law  to  grant  teachers'  certificates,  or  who  does  not  hold 
a  professional  state  certificate  obtained  from  the  state 'superintendent  on 
examination  before  him  or  a  committee  appointed  by  him  as  provided  by 
Jaw. 

Sec.  18. — (11665) — Grade  teachers,  qualifications. — On  and  after  Sep- 
tember 1,  1907,  no  person  shall  be  eligible  to  teach  in  the  grades  below  the 
high  school  department  in  any  high  school  district  or  in  the  grades  below 
the  high  school  department  in  any  city  school  district  in  this  state  who  does 
not  hold  at  least  a  second  grade  county  certificate  issued  in  Nebraska. 

Does  not  mean  that  a  teacher  must  hold  literally  a  second  grade  county  certificate, 
but  a  certificate  in  every  respect  the  equivalent  of  a  second  grade  county  certificate.  This  is 
a  question  which  may  be  properly  adjudicated  by  a  conference  between  the  county  superin- 
tendent and  the  city  superintendent.  In  the  event  of  their  disagreement  it  is  a  question  to 
be  referred  to  the  state  superintendent. 


SUBDIVISION  X.— TEACHERS'  INSTITUTES. 

Section  1. — (11696) — Kinds  of  institutes. — For  the  purpose  of  allowing 
teachers  an  opportunity  to  improve  themselves  in  the  art  of  teaching  and 
to  promote  uniform  methods  of  instruction  in  the  public  schools  of  the  state, 
county  teachers'  institutes  shall  be  organized  and  conducted  annually,  dur- 
ing the  months  of  June,  July  or  August,  by  county  superintendents;  provided 
that  two  or  more  county  superintendents,  with  the  approval  of  and  in  con- 
junction with  the  state  superintendent  of  public  instruction,  may  organize 
and  conduct  joint  institutes  at  such  time  and  place  and  for  such  length  of 
term  as  they  may  deem  practicable,  in  lieu  of  the  county  institute. 

Sec.  2. — (11697) — Duty  to  attend  institutes. — It  shall  be  the  duty  of 
county  superintendents  and  teachers  to  attend  the  institute  of  their  county, 


80  NEBRASKA  SCHOOL  LAWS  [Subdiv.   10 

or  district,  in  case  of  joint  institutes,  at  least  one  week  for  the  purpose  of 
comparing  notes,  planning  and  outlining  the  work  of  the  current  or  coming 
school  year  and  to  study  methods  of  school  work  and  the  science  and  art  of 
teaching. 

Sec.  3. — (11698) — Institute  fund. — For  the  purpose  of  defraying  the 
expense  of  these  institutes  there  is  hereby  appropriated  the  entire  institute 
funds  of  the  county  or  counties  for  which  the  institute  is  organized  and  con- 
ducted, or  so  much  of  said  fund  as  may  be  necessary;  Provided,  That  in  the 
case  of  joint  institutes  the  expense  shall  be  borne  by  the  institute  fund  of  the 
counties  represented  pro  rata  according  to  the  number  of  teachers  in  attend- 
ance from  each  county. 

Sec.  4. — ( 11699") — Same. — To  form  a  fund  to  defray  the  expense  of 
institutes,  each  teacher  examined  for  a  certificate,  or  who  has  a  certificate 
renewed  or  endorsed,  or  who  has  a  certificate  or  diploma  registered  by  the 
county  superintendent,  shall  pay  the  sum  of  one  dollar  to  the  county  super- 
intendent; and  at  the  time  of  the  institute  each  person  in  attendance  may 
be  required  to  pay  an  additional  sum  not  to  exceed  one  dollar  per  week  as 
an  institute  enrollment  fee;  to  which  sum  thus  raised  the  county  commis- 
sioners shall  add  each  year  the  sum  of  twenty-five  dollars  from  the  general 
fund  of  the  county,  and  if  they  deem  it  desirable  they  may  increase  the 
amount  to  any  sum  not  to  exceed  one  hundred  dollars.  The  county  super- 
intendent shall  make  a  semi-annual  statement  under  oath  to  the  county 
commissioners  of  all  moneys  received  by  him  for  the  institute  fund  and  of 
all  moneys  disbursed  by  him  from  said  fund. 

Sec.  5. — (11700) — Disbursement  of  fund. — All  disbursements  from  the 
institute  fund  shall  be  upon  the  order  of  the  county  superintendent  and  upon 
bills  approved  by  him,  which  bills  shall  be  filed  at  his  office. 

Sec.  6. — (11701) — Notice  of  institute. — The  county  superintendent 
shall  notify  all  teachers,  and  the  board  of  all  school  districts  in  his  county  of 
the  time  when  the  institute  will  begin  and  all  common  schools  shall  be  closed 
during  the  continuance  of  the  institute. 

Sec.  7. — (11702) — May  revoke  certificate  for  non-attendance  at  insti- 
tute.— The  county  superintendent  may  at  his  discretion  revoke  the  certifi- 
cate of  or  refuse  to  grant  a  certificate  to  any  teacher  who  fails  or  refuses  to 
attend  the  county  or  joint  institute.  Should  graduates  from  the  elementary 
course  of  the  state  normal  school  refuse  to  attend  such  institute,  it  shall  be 
the  duty  of  the  county  superintendent  to  report  said  refusal  to  the  principal 
of  the  normal  school  who  shall  revoke  the  certificate  of  said  normal  graduate; 
Provided,  That  the  county  superintendent  may  excuse  experienced  teachers 
from  such  attendance  when  application  is  made  before  the  opening  of  the 
institute  and  satisfactory  reasons  for  absence  are  given  in  writing  by  such 
teachers. 

A  county  superintendent  should  not  revoke  a  teacher's  certificate  on  a  partial  hearing* 
but  should  act  in  such  matters  only  after  a  full  hearing  of  the  evidence  for  and  against  such 
revocation. 

It  is  legal  to  receive  the  enrollment  fee  of  teachers  excused  from  attending  the  institute. 


Subdiv.   11]  SCHOOL  FUNDS  81 

This  legal  requirement  for  institute  attendance  is  construed  to  apply  to  all  teachers 
holding  positions  in  schools  organized  under  subdivisions  3  and  6.  The  holders  of  first-grade 
state  certificates  and  state  professional  certificates  are  required  to  attend  the  institute  unless 
excused  by  the  county  superintendent. 

Teachers  holding  pqsitipns  in  schools  organized  under  subdivision  14  are  required  to 
attend  the  city  or  county  institute  unless  excused  by  the  city  superintendent. 


SUBDIVISION  XI.— SCHOOL  FUNDS. 

Section  1. — (11703) — County  treasurer  collect  fines,  etc. — The  county 
treasurer  shall  collect,  or  cause  to  be  collected,  the  fines  and  all  moneys 
for  school  purposes  in  his  county,  and  take  all  proper  measures  to  secure  to 
each  district  its  full  amount  of  school  funds,  and  all  county  treasurers  shall 
report  to  the  state  treasurer  and  state  auditor  semi-annually,  on  or  before 
the  third  Monday  of  April  and  the  first  Monday  of  November,  and  at  such 
other  times  as  the  auditor  may  require,  a  statement  showing  the  whole 
amount  of  moneys  collected  on  account  of  state,  county  and  district  school 
tax,  and  from  all  other  sources  respectively,  noting  the  interest  separately 
and  the  amount  received  on  account  of  licenses  and  fines,  and  from  all  other 
sources  from1  which  school  funds  are  derived,  together  with  a  statement 
showing  the  amount  paid  out,  to  whom,  and  on  what  account,  and  at  the 
same  time  the  county  treasurer  shall  pay  over  to  the  state  treasurer  all  funds 
and  moneys  from  whatever  source  derived,  belonging  to  the  general  school 
fund  in  his  hands  and  make  a  settlement  thereof  with  the  state  treasurer. 

1.  The  minimum  amount  that  must  be  paid  for  running  a  saloon  in  the  state  of  Ne- 
Nebraska  is  $500;  this  is  license  money  and  must  go  to  the  school  fund.     Where  more  than 
$500  is  paid  for  the  privilege  of  running  a  saloon,  $500  must  go  to  the  school  fund,  and  the 
remaining  amount  should  go  to  the  school  fund  or  to  the  village  or  city,  depending  upon  the 
purpose  of  the  ordinance. 

2.  Where  money  is  collected  or  paid  as  a  condition  of  obtaining  a  license,  it  is  license 
money,  and  not  a  tax,  under  the  provisions  of  section  5,   article  8,  of  the  constitution.     (61 
Neb.,  490.) 

3.  If  the  purpose  of  the  city  authorities  in  adopting  an  ordinance  was  to  raise  revenue, 
then  the  money  exacted  is  a  tax;  but,  if  regulation  was  the  end  and  object  in  view,  the  money 
results  from  an  exercise  of  the  police  power  and  is  license  money.     (63  Neb.,  829.) 

4.  Whether  money  raised  under  the  provisions  of  a  municipal  ordinance,  requiring  every 
person  engaged  in  a  certain  occupation  or  business  to  pay  a  fixed  sum  annually  into  the  city 
treasury,  is  license  money,  within  the  meaning  of  section  5,  article  8  of  the  constitution,  dependg 
upon  the  substance  and  purpose  of  the  ordinance  rather  than  upon  its  form.     (63  Neb.,  829.) 

5.  An  ordinance  having  no  element  of  regulation,  and  showing  on  its  face  that  the  sole 
object  of  the  city  authorities  in  adopting  it  was  to  raise  revenue,  is  a  tax  ordinance,  notwith- 
standing the  payment  of  the  money  and  obtaining  of  a  license  is  a  condtiion  precedent  to  engag- 
ing in  the  business.      (63  Neb.,  829.) 

Cited  5  Neb.,  102,  303.     14  Id.,  347. 

Occupation  tax.  17  Neb.,  219.  19  Id.,  191.  27  Id.,  64.  5  Neb.,  309.  9  Id.,  352, 
403.  40  Id.,  298. 

Sec.  2. — (11704) — State  treasurer  make  exhibit  of  school  moneys. — The 
state  treasurer  shall,  semi-annually,  on  or  before  the  third  Monday  in  May 
and  the  first  Monday  in  December,  make  a  complete' exhibit  of  all  moneys 
belonging  to  the  school  fund  of  this  state,  as  returned  to  him  from  the  several 
counties,  together  with  the  amount  derived  from  other  sources,  and  deliver 


82  NEBRASKA  SCHOOL  LAWS  [Subdiv.   11 

the  same  duly  certified  to  the  state  superintendent;  and  within  twenty  days 
thereafter  the  state  superintendent  shall  make  the  apportionment  of  said 
funds  to  such  counties  according  to  the  pro  rata  enumeration  of  scholars  in 
each  county  last  returned  from  the  county  superintendent,  and  certify  the 
apportionment  of  each  to  the  county  superintendent  of  the  proper  county 
and  to  the  state  auditor  who  shall  draw  a  warrant  on  the  state  treasurer  in 
favor  of  the  various  counties  for  the  amount  so  specified  by  the  state  superin- 
tendent. 

Sec.  3. — (11705) — Apportionment  of  funds  to  districts. — The  several 
county  superintendents  shall  immediately,  and  within  twenty  days  after 
receiving  such  apportionment,  and  after  adding  thereto  all  moneys  received 
by  the  county  treasurer  on  account  of  fines  and  licenses,  apportion  the  entire 
amount  as  follows,  to-wit:  One-fourth  of  the  whole  amount  to  be  distri- 
buted equally  to  the  several  districts  in  the  county,  and  the  remaining  three- 
fourths  of  the  whole  to  be  distributed  to  the  several  districts  in  his  county, 
pro  rata,  according  to  the  enumeration  of  scholars  last  returned  by  the 
directors  of  the  various  districts,  and  no  district,  city,  or  village  which  shall 
have  failed  to  sustain  a  school  for  the  length  of  time  required  by  section  14, 
subdivision  II,  of  this  chapter  shall  be  entitled  to  receive  any  portion  of  the 
fund. 

The  enumeration  of  pupils,  on  which  this  apportionment  is  based,  must  be  made  within 
ten  days  preceding  the  last  Monday  in  June.  See  section  12,  subdivision  4*  The  constitu- 
tiqn  of  1875  (article  VIII.,  section  7)  provides  that  "no  apportionment  shall  be  made  from 
said  fund  to  any  district  for  the  year  in  which  school  is  not  maintained  at  least  three  months." 
Where  the  new  district  is  formed  in  whole  or  in  part  from  unorganized  territory  which  could 
have  no  school  the  year  before,  such  a  district  must  have  at  least  three  months'  school  previous 
to  the  time  of  taking  the  annual  census  of  children  and  report  the  same  to  the  county  superin- 
tendent before  it  can  draw  state  funds.  Money  cannot  be  apportioned  to  counties  unless  the 
county  superintendent  makes  a  report. 

In  order  that  a  district  be  entitled  to  share  in  the  apportionments  made  in  December 
and  June  of  each  school  year,  the  following  conditions  are  necessary:  The  amount  of  school 
specified  in  section  14,  of  subdivision  2,  must  have  been  taught  in  the  district  in  the  school  year 
which  ended  with  the  second  Monday  of  the  preceding  July;  the  census  must  have  been  made 
at  the  proper  time;  and  the  proper  reports  must  have  been  made  to  the  county  superinten- 
dent. See  sections  12  and  17,  of  subdivision  4,  and  section  10,  of  subdivision  11. 

Sec.  4. — (11706) — New  districts. — When  a  district  is  formed  from  other 
districts  where  during  the  preceding  school  year  school  had  been  kept  open 
the  term  required  by  law,  such  new  district  will  be  held  and  deemed  to  have 
had  school  the  lawful  time,  and  apportionment  shall  be  made  to  it  accord- 
ingly. 

Money  in  the  county  treasury,  whether  derived  from  fines  or  licenses,  or  from  the  state, 
should  all  be  apportioned  in  the  same  manner,  viz.,  one-fourth  equally  among  the  districts, 
three  fourths  pro  rata. 

Money  derived  from  a  license  issued  by  the  authorities  of  an  incorporated  city  or  vil- 
lage authorized  to  grant  licenses  goes  into  the  school  fund  of  that  city  or  village;  all  other  license 
moneys  go  into  the  school  fund  of  the  county.  See  29  Neb..  348. 

Sec.  5. — (11707)— Fractional  districts. — In  making  the  "one-fourth" 
apportionment  each  fractional  district  shall  receive  one-half  as  much  as  a 
full  district. 

Sec.  6. — (11708) — Records  of  apportionment. — The  county  superin- 
tendent shall  immediately  after  making  such  apportionment  enter  the  same 
in  a  book  kept  for  that  purpose,  and  shall  furnish  the  county  treasurer  with 
a  certified  copy  of  such  apportionment,  and  each  of  the  directors  in  the  re- 


Subdiv.   11]  SCHOOL  FUNDS  83 

spective  districts  in  his  county  a  certificate,  showing  the  amount  due  such 
district,  which  amount  shall  be  subject  to  the  order  of  the  director  on  the 
county  treasurer  when  properly  countersigned  by  the  moderator. 

The  county  treasurer  is  not  authorized  to  pay  out  county  school  fund  until  it  has  been 
apportioned  by  the  county  superintendent.  11  Neb.,  238. 

Sec.  7. — (11709)—  No  fees  for  receiving  or  paying. — County  treasurers 
are  not  allowed  to  charge  a  per  cent  for  receiving  and  disbursing  the  state 
school  appropriation. 

Sec.  8. — (11710) — Misuse  of  funds. — School  district  treasurers  are  for- 
bidden to  lend  or  use  any  part  of  the  school  moneys  which  may  be  in  their 
hands,  under  penalty  of  fine  and  imprisonment,  under  the  provisions  of  the 
statute  regarding  embezzlement. 

Sec.  9. — (11711) — Certificate  of  financial  and  census  reports. — Here- 
after before  a  school  district  treasurer  shall  be  allowed  to  draw  the  state  appor- 
tionment from  the  county  treasurer,  he  must  present  a  certificate  from  the 
county  superintendent  setting  forth  that  such  district  has  had  the  legal 
number  of  months'  school,  has  made  the  census  report  properly,  and  has 
made  the  proper  financial  report. 

Sec.  10. — (6759) — Interest  on  warrants  and  bonds. — All  warrants  or 
orders  hereinafter  issued  by  the  proper  authorities  of  any  county,  city,  town- 
ship, school  district,  or  other  municipal  subdivision  less  than  a  county, 
except  school  districts  in  metropolitan  cities  and  cities  of  the  first  class,  shall 
draw  interest  from  and  after  the  date  of  presentation  for  payment  at  the 
rate  of  seven  per  cent  per  annum.  All  warrants  or  orders  hereinafter  issued 
by  the  proper  authority  of  any  school  district  within  the  corporate  limits  of  a 
metropolitan  city  or  a  city  of  the  first  class  shall  draw,  interest  from  and  after 
the  date  of  presentation  for  payment  at  the  rate  of  five  per  cent  per  annum. 
All  warrants  hereinafter  issued  by  the  proper  authorities  of  this  state  shall 
draw  interest  at  the  rate  of  four  per  cent  per  annum  from  the  date  the  same 
are  presented  for  payment.  No  bonds  hereinafter  issued  by  any  county, 
city,  township,  precinct  or  school  district  shall  draw  interest  at  a  rate  exceed- 
ing six  per  cent  per  annum. 

Sec.  11. — (11349) — Warrants,  when  payable. — All  warrants  upon  the 
state  treasurer,  the  treasurer  of  any  county,  city  school  district,  or  other 
municipal  corporation  shall  be  paid  in  the  order  of  their  presentation  therefor. 

If  there  is  no  money  on  hand  with  which  to  pay  warrants  when  presented,  the  war- 
rants shall  be  registered  in  the  order  of  their  presentation,  and  as  soon  as  there  are  funds  in 
the  hands  of  the  district  treasurer  it  becomes  his  duty  to  notify  the  holder  of  the  registered 
warrants  and  to  pay  them  in  the  order  of  their  registration,  regardless  of  when  the  tax  was  levied. 

It  has  been  held  by  the  supreme  court  of  Nebraska  that  the  statute  of  limitations  runs, 
for  or  against  school  districts  the  same  as  for  or  against  individuals.  22  Neb.,  205. 

Where  school  districts,  having  registered  warrants  outstanding,  consolidate  into  one 
district,  said  warrants  should  be  paid  in  the  order  of  their  registration,  as  shown  by  the  date 
of  the  endorsement  thereon,  without  regard  to  which  of  the  original  districts  issued  the  war- 
rants. 

School  districts  have  no  powers  except  those  conferred  by  statute  or  necessarily  im- 
plied therefrom.  Their  ability  to  pay  debts  is  restricted  by  laws  authorizing  them  to  levy 
taxes,  within  fixed  limits  only,  and  by  the  funds  arising  from  such  levies,  from  fines  and  from 
other  lawful  sources.  For  the  current  expenses  of  running  their  schools  they  cannot  incur 
indebtedness  greater  in  amount  than  their  revenue  from  all  sources,  and  where  a  contract  for 
such  expenses  provides  for  payment  of  a  sum  in  excess  thereof  it  is,  to  that  extent,  void.  It 
does  not  follow,  however,  that  taxes  must  actually  be  paid  into  the  treasury  before  they  can 
be  made  a  basis  for  incurring  debts.  The  supreme  court  has  recently  said:  "Taxes  levied 
at  the  annual  school  meeting  held  just  prior  to  the  commencement  of  the  school  year  consti- 
tute a  fund  against  which  warrants  may  be  drawn."  Zimmerman  vs.  State,  83  N.  W.,  919. 


84  NEBRASKA  SCHOOL  LAWS  [Subdiv.   11 

Sec.  12. — (11350) — Warrant  register. — The  treasurer  of  this  state,  and 
the  treasurer  of  every  county,  city,  school  district,  or  other  municipal  cor- 
poration, shall  keep  a  warrant  register,  which  register  shall  show,  in  columns 
arranged  for  that  purpose,  the  number,  date,  and  amount  of  each  warrant 
presented  and  registered,  as  hereinafter  provided,  the  particular  fund  upon 
which  the  same  is  drawn,  the  date  of  presentation,  the.  name  and  address  of 
the  person  in  whose  name  the  same  is  registered,  the  date  of  payment,  the 
amount  of  interest  and  the  total  amount  paid  thereon,  with  the  date  when 
notice  to  the  person  in  whose  name  such  warrant  is  registered,  is  mailed  as 
hereinafter  provided. 

Sec.  13. — Endorsement. — It  shall  be  the  duty  of  every  such  treasurer, 
upon  the  presentation  of  any  warrant  for  payment  in  the  presence  of  such 
person,  to  enter  such  warrant  in  his  warrant  register  for  payment,  in  the 
order  of  its  presentation,  and  upon  every  warrant  so  presented  and  regis- 
tered he  shall  endorse  "registered  for  payment/'  with  the  date  of  such  regis- 
tration, and  shall  sign  such  endorsement;  Provided,  That  all  warrants  out- 
standing at  the  time  this  act  takes  effect  shall  be  presented  for  payment  or 
registration  by  August  first  (1st),  1891,  shall  not  draw  interest  after  such 
date  unless  so  presented. 

Sec.  14. — (11352) — Separate  package  for  each  warrant — Notice. — It 
shall  be  the  duty  of  every  such  treasurer  to  put  aside  in  a  separate  and  sealed 
package,  the  money  for  the  payment  of  each  registered  warrant,  in  the  order 
of  its  registration,  as  soon  as  money  sufficient  for  £he  payment  of  such  war- 
rant is  received  to  the  credit  of  the  particular  fund  upon  which  the  same  is 
drawn.  Such  package  shall  be  endorsed  with  the  number  and  description 
of  such  warrant,  and  the  name  and  address  of  the  person  in  whose  name  the 
same  is  registered,  and  interest  upon  such  warrant  shall  thereupon  cease,  and 
such  treasurer  shall  by  mail  immediately  notify  the  person  in  whose  name 
the  same  is  registered,  and  shall  endorse  the  date  of  mailing  of  such  notice 
upon  such  sealed  package. 

Sec.  15. — (11355) — Receipts  by  city  treasurer. — The  treasurer  of  every 
city  or  incorporated  town,  shall  make  duplicate  receipts  for  all  sums  which 
shall  be  paid  into  his  office,  which  receipts  shall  show  the  source  from  which 
such  funds  are  derived,  and  shall  by  distinct  lines  and  columns  show  the 
amount  received  to  the  credit  of  each  separate  fund,  and  whether  the  same 
was  paid  in  cash,  in  warrants,  or  otherwise;  one  of  which  duplicates  the  treas- 
urer shall  deliver  to  the  person  making  such  payment,  and  the  duplicate 
thereof  he  shall  retain  in  his  office. 

Sec.  16. — (11356) — Treasurer's  duties — Cash  book — Register. — Every 
such  treasurer  shall  daily,  as  moneys  are  received,  foot  the  several  columns 
of  his  cash  book,  and  of  his  register,  and  carry  the  amounts  forward,  and  at 
the  close  of  the  year,  in  case  the  amount  of  money  received  by  such  treasurer 
is  insufficient  to  pay  the  warrants  registered,  he  shall  close  the  account  for 
that  year  in  such  register,  and  shall  carry  forward  the  excess. 

Sec.  17. — (11357) — Failure  to  keep  bookj — Penalty. — Any  such  treas- 
urer who  shall  fail  regnlarly  to  enter  upon  his  cash  book  the  amounts  so 
received  and  receipted  for,  or,  who  shall  fail  to  keep  his  cash  book  footed  up 


Subdiv.   11]  SCHOOL  FUNDS  85 

from  day  to  day,  as  required  by  this  act,  for  the  space  of  three  days,  shall 
forfeit  for  each  offense  the  sum  of  one  hundred  dollars,  to  be  recovered  in  a 
civil  action  on  his  official  bond  by  any  person  holding  a  warrant  drawn  on 
such  treasurer,  one-half  to  the  person  bringing  such  action,  and  one-half  to 
the  school  fund  of  the  county  in  which  such  action  is  brought. 

Sec.  18. — (11358) — Inspection  of  books. — The  cash  book,  register,  and 
retained  receipts  of  every  such  treasurer,  shall  at  all  times  be  open  to  the 
inspection  of  any  person  in  whose  name  any  warrants  are  registered  and 
unpaid. 

Sec.  19. — (11359) — Failure  to  notify— Penalty. — Any  treasurer  who 
shall  for  the  period  of  five  days  after  moneys  in  amount  sufficient  to  pay  any 
registered  warrant  in  its  order  have  been  received,  fail  to  mail  notice  thereof 
to  the  person  registering  such  warrant,  shall  forfeit  to  such  person  ten  per 
cent  on  the  amount  of  such  warrant,  and  ten  per  cent  additional  for  every 
thirty  days  thereafter  during  which  such  failure  shall  continue. 

Sec.  20. — (11360) — Failure  to  register  or  pay — Penalty. — Any  such 
treasurer,  who  shall  fail  to  register  any  warrant,  in  the  order  of  its  presenta- 
tion therefor,  or  shall  fail  to  pay  the  same  in  the  order  of  its  registration, 
shall  be  liable  on  his  official  bond  to  each  and  every  person,  the  payment  of 
whose  warrant  or  warrants  is  thereby  postponed,  in  the  sum  of  five  hundred 
dollars,  to  be  recovered  in  a  civil  action,  one-half  of  which  shall  go  to  the 
person  bringing  such  action,  and  one-half  to  the  school  fund  of  the  county  in 
which  such  action  is  brought. 

Sec.  21. — (11361) — Duplicate  for  lost  warrant. — Whenever  it  shall  be 
made  to  appear  to  the  satisfaction  of  any  officer,  authorized  by  law  to  issue 
warrants,  that  any  warrant  issued  by  him  has  been  lost  and  destroyed,  such 
officer  shall  have  authority  to  issue  a  duplicate  thereof,  numbered  the  same 
as  the  original,  with  the  word  "duplicate"  wiitten  or  printed  in  red  ink 
across  the  face  thereof;  Provided,  That  no  such  duplicate  warrant  shall  be 
issued  until  the  party  applying  for  the  same  shall  make  affidavit  that  he 
was  the  owner  of  the  original  warrant,  and  shall  also  file  with  such  officer  an 
indemnity  bond  with  good  and  sufficient  security  conditioned  to  refund  any 
money  by  him  or  his  assigns  received  on  such  duplicate  in  case  of  presenta- 
tion and  payment  of  the  original  by  the  treasurer  upon  whom  the  same  is 
drawn,  whether  upon  a  genuine  endorsement  thereon  or  otherwise. 

Sec.  22. — (11264) — Investment  of  sinking  fund. — When  any  warrant 
issued  by  the  proper  authorities  of  any  county,  township,  city,  town,  or 
school  district  shall  have  been  presented  for  payment  and  the  same  is  not 
paid  for  want  of  funds,  it  shall  be  lawful  for,  and  is  hereby  made  the  duty  of 
such  treasurer  upon  and  under  the  direction  of  the  board  of  county  com- 
missioners, or  supervisors  of  such  county,  to  purchase  and  take  up  such 
registered  warrants  with  sinking  funds  in  his  hands  and  to  hold  such  war- 
rants for  the  benefit  of  the  fund  so  invested,  till  the  same  is  paid  in  its  order 
as  provided  by  law. 

Sec.  23. — (11265) — Same. — The  board  of  county  commissioners,  or 
supervisors  of  any  county  in  this  state,  is  hereby  authorized  to  provide  for 


86  NEBRASKA  SCHOOL  LAWS  [Subdiv.  12 

the  purchase  and  taking  up  of  registertu  warrants,  as  provided  for  in  section 
1  of  this  act,  out  of  the  sinking  funds  in  the  hands  of  the  county  treasurer, 
whenever  in  the  judgment  of  such  county  board  the  same  shall  be  safe  and 
expedient.  Before  so  investing  any  sinking  funds  the  county  board  shall  fix 
and  prescribe,  and  enter  of  record  general  directions  and  authority  to  such 
county  treasurer,  as  to  the  funds  to  be  so  invested,  specifying  the  funds  to 
be  so  invested,  and  kind  and  amount  of  warrants  to  be  so  invested  in,  and  in 
so  doing  shall,  as  far  as  the  same  may  be  practicable,  continue  to  invest  the 
sinking  fund  which  shall  last  become  due  and  payable;  Provided,  That  not 
more  than  fifty  per  cent  of  the  money  so  coUected  on  any  given  sinking  fund 
shall  be  so  invested  in  warrants  at  any  given  time,  and  provided  further,  that 
when  practicable  the  warrants  drawn  by  any  given  authority  shall  be  pro- 
vided for  as  above  from  the  sinking  funds  belonging  to  the  organization 
issuing  such  warrant,  and  of  such  provisions  such  county  board  shall  give  the 
treasurer  notice. 

Sec.  24. — (11266) — Same — Cities. — The  city  council  of  any  incorpor- 
ated city  of  this  state  may  make  similar  provision  for  the  taking  up  of  war- 
rants out  of  the  sinking  funds  in  the  hands  of  the  city  treasurer  of  such  city, 
provided,  that  the  warrants  to  be  so  purchased  shall  be  limited  to  those  of 
its  own  issue,  or  to  those  of  any  school  district  situated  mainly  or  wholly 
within  the  boundaries  of  such  city,  and  upon  notice  given  of  such  direction, 
it  shall  be  the  duty  of  such  treasurer  to  so  take  up  such  warrants. 

Sec.  25. — (11267)— Same — School  districts. — The  school  board  of  any 
school  district  in  this  state  is  hereby  authorized  to  direct  the  legal  custodian 
of  any  of  its  sinking  funds,  to  invest  such  sinking  funds  in  the  warrants  of 
such  school  district,  in  like  mariner  as  hereinbefore  provided  for,  provided, 
that  the  investment  of  such  school  district  sinking  fund  under  this  section 
shall  be  limited  to  the  warrants  of  its  own  issue,  and  upon  such  direction  of 
the  school  board,  the  custodian  of  such  sinking  funds  shall  preceed  to  take  up 
the  warrants  of  such  school  district  as  herein  provided  for. 


SUBDIVISION  XII.— SCHOOLHOUSE  SITE. 

Section  1. — (11715) — Condemnation. — If  the  owner  of  any  real  estate 
on  which  a  school  board  may  desire  to  locate  a  schoolhouse,  or  which  the 
school  board  needs  for  an  extension  of  school  grounds,  refuses  or  neglects  to 
grant  the  site  on  his  or  her  premises,  or  if  such  owner  cannot  be  found,  the 
county  superintendent  shall  appoint  three  disinterested  persons,  none  of 
whom  shall  be  residents  of  the  district,  whose  duty  it  shall  be,  after  taking  an 
oath  to  faithfully  discharge  the  duties  imposed  on  them  by  this  subdivision, 
to  inspect  such  real  estate  and  assess  the  damages  which  such  owner  shall 
sustain  by  the  appropriation  of  his  land  for  the  use  of  said  house  and  school, 
and  make  a  report  to  said  county  superintendent,  giving  amount  of  land  and 
damates,  with  exact  location  of  land,  and  who  shall  file  and  preserve  the  same 


Subdiv.   12|  SCHOOLHOUSE  SITE  87 

in  his  office.  Each  person  acting  as  such  appraiser  shall  receive  the  sum  of 
two  dollars  per  day  for  his  services.  Provided,  however,  that  whenever  it 
shall  become  necessary  to  appropriate  private  property  for  general  school 
purposes  in  school  districts  in  cities,  and  such  appropriation  shall  be  declared 
necessary  by  resolution  of  the  board  of  education  of  a  school  district  organized 
within  the  limits  of  a  city  which  said  resolution  shall  be  conclusive  of  the 
necessity  for  such  appropriation,  the  county  judge  of  the  county  in  which 
said  real  estate  may  be  situated,  shall  upon  the  application  of  said  board  of 
education  of  such  school  district  located  in  a  city,  appoint  three  disinterested 
freeholders  of  the  school  district  in  which  such  real  estate  is  situated,  who, 
after  being  duly  sworn  to  perform  the  duties  of  their  appointment  with  fidel- 
ity and*impartiality,  and  after  reasonable  notice  to  the  owners  and  parties  in- 
terested in  said  property,  the  time  and  manner  of  said  notice  to  be  determined 
by  the  order  of  said  county  judge,  shall  assess  the  damages  to  the  owners  of  the 
property  and  parties  interested  therein  respectively  taken  by  such  appropri- 
ation. Such  assessment  shall  be  reported  in  writing  to  the  county  judge  of 
said  county  and  if  the  same  shall  be  confirmed  by  said  board  of  education,  the 
damages  so  assessed  shall  be  paid  to  the  owners  of  such  property  or  deposited 
with  the  county  judge  of  said  county,  subject  to  the  order  of  such  owner  or 
owners,  respectively,  after  which  such  property  may  at  any  tirrte  be  taken  for 
the  use  of  the  school  district  and  said  school  district  shall  be  entitled  to  the  pro- 
cess of  the  court  to  place  it  into  immediate  possession  of  said  property.  If 
the  assessment  be  not  confirmed  by  the  board  of  education,  proceedings  may 
be  taken  anew  to  assess  the  damages  upon  application  of  the  board  of  educa- 
tion for  the  appointment  of  other  and  different  appraisers,  whereupon  said 
county  judge  shall  make  an  order  of  appointment  of  different  appraisers  and 
proceedings  shall  be  had  in  like  manner  as  herein  provided  for. 

Sec.  2. — (11716) — Costs. — The  school  board  shall  pay  the  cost  of  this 
appraisement,  and.  after  paying  to  the  owner  of  the  land  the  amount  of 
damages  assessed  may  enter  upon  and  occupy  the  land  as  long  as  the  district 
desires  to  use  it  for  district  purposes;  but  should  the  same  cease  to  be  used 
for  school  purposes  it  will  revert  back  to  the  owner  of  the  fee  simple  of  the 
land  from  which  it  was  taken  on  the  payment  by  him  of  the  amount  originally 
paid  for  the  land  without  interest.  Provided,  however,  That  property  taken 
under  the  provisions  of  this  act  by  school  districts  in  cities  shall  vest  a  fee 
simple  title  in  such  school  district. 

Sec.  3. — (117 17"i — Restrictions.— When  the  land  is  thus  taken  without 
the  consent  of  the  owner,  it  shall  not  be  more  in  amount  than  one  acre,  and 
all  orchards,  gardens,  public  parks,  shall  not  be  liable  to  be  thus  taken,  nor 
shall  land  be  taken  within  twenty  rods  of  any  residence.  Provided,  however, 
that  the  provisions  of  this  section  shall  not  apply  to  school  districts  in  cities. 

Sec.  4. — (11718) — Appeal. — The  owner  of  land  thus  taken  may  appeal 
to  the  district  court,  and  such  appeal  shall  be  taken  within  sixty  days 
and  in  the  same  manner  and  by  the  same  proceedings  as  in  cases  of  con- 
demnation by  a  railroad  company  for  right  of  way,  but  the  school  board 
shall  not  be  liable  for  costs  of  appeal  unless  the  court  grant  greater  dam- 
ages than  the  committee  of  appraisement  gave.  Provided,  however, 


88  NEBRASKA  SCHOOL  LAWS  [Subdiv.   13 

that  in  the  exercise  of  the  right  of  eminent  domain  by  school  districts  in 
cities,  the  owner  of  the  land  thus  taken  shall  have  the  right  to  appeal  from 
the  assessment  of  damages  to  the  district  court  of  the  county  in  which  such 
property  is  situate  within  thirty  days  after  the  assessment  provided  for  in 
this  act  and  in  case  of  such  appeal  the  decision  and  finding  of  the  district 
court  shall  be  transmitted  by  the  clerk  thereof  duly  certified  to  the  secretary 
of  the  board  of  education  of  such  school  district  to  be  filed  and  recorded  in 
his  office;  but  such  appeal  shall  not  delay  the  appropriation  of  the  property 
sought  to  be  taken  and  in  no  case  shall  said  school  district  be  liable  for  the 
cost  on  such  appeal,  unless  the  owner  of  such  real  estate  shall  be  adjudged 
entitled  upon  the  appeal  to  a  greater  amount  of  damage  than  was  awarded 
by  said  freeholders.  The  remedy  by  appeal  herein  allowed,  shall  be  deemed 
and  held  to  be  exclusive.  Upon  appeal  being  taken  by  any  person  from  any 
award  or  assessment  of  damages,  the  school  district  shall  the  have  right,  by  giv- 
ing five  days'  notice  to  the  person  or  persons  appealing,  to  have  such  appeal 
placed  upon  the  trial  docket  or  calendar  of  the  court  to  which  such  appeal 
may  be  taken,  at  the  head  of  the  list  of  cases  for  trial,  and  such  appeal  shall 
have  priority  and  precedence  in  the  order  of  trial  thereof  over  civil  actions, 
and  the  court  shall  so  arrange  the  call  of  cases  for  trial  as  to  give  such  appeal 
such  priority  and  precedence.  The  proceedings  on  appeal  to  the  district  court 
and  for  review  by  the  supreme  court  of  the  proceedings  on  appeal  shall  be 
similar  to  the  proceedings  in  like  cases  under  the  laws  of  the  state  which 
shall  apply  thereto  so  far  as  applicable. 

Sec.  5. — (11719) — Site  on  school  land. — When  it  is  desired  to  locate  a 
schoolhouse  site  on  school  land  belonging  to  the  state,  the  state  land  com- 
missioner is  hereby  authorized  to  sell  to  the  district  not  less  than  one  nor 
more  than  four  acres,  and  give  a  deed  to  the  district  in  fee  simple  in  the  name 
of  the  state  as  in  other  cases. 


SUBDIVISION  XIII.— STATE  NORMAL  SCHOOLS. 

Section  1. — Board  of  Education. — The  state  normal  school  shall  be 
under  the  direction  of  a  board  of  education,  consisting  of  seven  members, 
five  of  whom  shall  be  appointed  by  the  governor  for  a  term  of  five  years  each, 
and  the  state  treasurer  and  the  state  superintendent  of  public  instruction 
shall  by  virtue  of  their  office  be  members  of  said  board;  Provided,  That  the 
present  appointed  members  of  the  board  shall  continue  to  hold  their  several 
offices  till  the  limit  of  the  time  for  which  they  were  appointed.  All  vacancies 
occurring  in  the  board  shall  be  filled  by  appointment  of  the  governor. 

Sec.  2. — (11721) — Officers. — The  members  of  .  the  board  of  education, 
shall  annually  elect  a  president  and  a  secretary  from  among  their  own  number 


Subdiv.   13]  STATE  NORMAL  SCHOOLS  89 

and  the  state  treasurer  shall  be  treasurer  of  the  board  by  virtue  of  his  office. 
Sec.  3. — (11722) — Record  of  secretary — Report. — It  shall  be  the  duty 
of  the  secretary  to  keep  an  exact  and  detailed  account  of  the  doings  of  the 
board,  and  on  the  first  day  of  January  of  each  year  he  shall  transmit  to  the 
governor  a  report  of  all  expenditures  made  during  the  preceding  year, 
vouchers  for  which  shall  be  kept  on  file  in  the  office  of  the  secretary,  and  open 
to  the  inspection  of  the  governor,  auditor,  and  members  of  the  legislature. 

Sec.  4. — (11723) — Appointment  of  principal,  teachers,  and  emplyoees — 
Removal. — The  said  board  shall  have  power  to  appoint  a  principal,  assistant 
teachers,  and  such  other  employees  as  may  be  required,  to  fix  their  compen- 
sation and  prescribe  their  duties.  They  shall  have  power  to  remove  all  persons 
appointed  by  them,  provided  that  the  affirmative  votes  of  four  members  of 
the  board  shall  be  necessary  to  remove  a  principal  or  an  assistant  during  the 
time  for  which  such  persons  were  appointed. 

Sec.  5. — (11724) — Compensation. — The  board  of  education  shall  receive 
no  compensation  for  their  services,  but  shall  be  reimbursed  actual  expenses 
incurred  in  attending  upon  meetings  of  the  board. 

Sec.  6. — (11725) — Regular  meetings. — The  board  shall  hold  each  year 
two  regular  meetings,  the  last  week  of  the  spring  term  in  June,  and  the  last 
week  of  the  winter  term  in  December,  and  such  special  meetings  as  may  be 
found  necessary. 

Sec.  7. — (11726) — Rules  and  regulations. — The  board  shall  adopt  all 
needful  rules  and  regulations  for  the  careful  preservation  of  the  buildings, 
furniture,  apparatus,  grounds,  timber,  shrubbery,  etc.,  belonging  to  the  land. 

Sec.  8. — (11727) — Principal,  chief  executive  officer. — The  principal  shall 
be  the  chief  executive  officer  of  the  school,  and  shall  be  responsible  to  the 
board  for  the  control  and  management  of  the  same.  All  teachers  and  other 
subordinates  in  said  school  shall  be  under  the  direction  of  the  principal,  sub- 
ject to  the  general  regulations  of  the  board. 

Sec.  9. — (11728) — Morals. — The  board  in  their  regulations,  and  the 
principal  in  his  supervision  and  government  of  the  school,  shall  exercise  a 
watchful  guardianship  over  the  morals  of  the  pupils;  but  no  religious  or 
sectarian  test  shall  be  applied  in  the  selection  of  teachers,  and  none  shall  be 
adopted  in  the  school. 

gec>  10. — (11729) — Certificate. — Any  student  of  good  moral  character 
having  completed  the  elementary  course  of  the  state  normal  schools  of  this 
state  shall  be  granted  an  elementary  state  certificate  by  the  board  of  educa- 
tion of  the  state  normal  schools,  which  shall  be  good  for  a  term  of  not  less 
than  one  year  and  not  to  exceed  three  years  from  date  of  issuance,  at  the 
discretion  of  the  county  superintendent  of  the  county  in  which  the  holder 
of  such  certificate  shall  teach.  Any  student  completing  the  higher  course  of 
study  in  a  saticfactory  manner  shall  be  granted  by  the  board  of  education  of 
the  state  normal  schools  a  diploma  which  shall  be  recognized  as  a  first  grade 
[state]  certificate,  which  shall  entitle  the  holder  to  teach  in  any  of  the  schools 
of  the  state  without  further  examination  for  the  space  of  three  years.  Any 


90  NEBRASKA  SCHOOL  LAWS  [Subdiv.   13 

graduate  of  the  higher  course,  who  shall,  after  graduation,  teach  two  annual 
terms  of  school  of  not  less  than  six  months  each,  or  their  equivalent,  and  shall 
produce  a  certificate  of  good  moral  conduct  and  satisfactory  discharge  of  pro- 
fessional duties  from  the  board  or  boards  of  directors  of  the  district  or  districts  in 
which  the  applicant  taught,  countersigned  by  the  county  superintendent  of 
the  proper  county  or  counties,  shall  be  granted  by  the  board  of  education  of 
the  state  normal  schools  an  additional  diploma  which  shall  be  recognized  as 
a  professional  state  certificate  good  for  life.  Provided,  That  any  teacher 
producing  satisfactory  proof  of  three  years'  successful  teaching  previous  to 
graduation  in  the  higher  course  of  study  may  receive  such  diploma  upon 
graduation.  Provided,  That  no  life  diploma  shall  be  in  force  after  its  holder 
shall  permit  a  space  of  three  years  to  laspe  without  following  some  educational 
pursuit;  unless  said  diploma  be  endorsed  by  the  state  superintendent;  Pro- 
vided, That  each  holder  of  a  certificate  from  the  elementary  course,  or  a 
diploma  from  the  higher  course,  shall,  before  he  begins  to  teach,  register  the 
same  in  the  office  of  the  county  superintendent  of  the  county  in  which  he 
shall  teach,  and  for  such  registration  he  shall  pay  a  fee  of  one  dollar,  which 
shall  go  into  the  institute  fund  of  said  county. 

Sec.  11. — (11730) — Control  of  funds. — All  funds  appropriated  for  the 
use  and  benefit  of  the  normal  school,  together  with  the  income  arising  from 
the  lease  and  sale  of  the  endowment  lands  belonging  to  said  school,  shall  be 
under  the  direction  and  control  of  said  board  of  education,  subject  to  the 
provisions  herein  contained.  The  treasurer  shall  pay  out  of  the  proper  funds 
all  drafts  for  moneys  to  be  expended  under  the  provisions  of  this  subdivision, 
such  orders  or  drafts  to  be  drawn  by  the  auditor  on  certificates  by  the  secre- 
tary, countersigned  by  the  president  of  the  board.  No  such  certificates  shall 
be  given  except  upon  accounts  audited  and  allowed  by  the  board  in  open 
meeting. 

Sec.  12. — (11731) — Endowment. — All  the  lands  remaining  unsold  of 
the  twenty  sections  heretofore  appropriated  as  an  endowment  fund  for  the 
state  normal  school,  and  all  the  endowment  fund  hitherto  derived  from  the 
sale  of  such  lands,  shall  be,  and  the  same  is  hereby,  confirmed  as  such  endow- 
ment, to  be  forever  used  for  this  purpose. 

Sec.  13. — (11732) — Matriculation  fee. — Students,  when  entering  the 
school  for  the  first  time,  shall  pay  a  matriculation  fee  of  five  dollars.  The 
moneys  thus  received  shall  be  paid  into  the  hands  of  the  state  treasurer,  and 
shall  be  held  as  a  library  fund,  and  the  board  of  education  shall,  from  time 
to  time,  appropriate  the  same  for  the  purchase  of  books  for  the  normal  school 
library. 

Sec.  14. — (11733) — Dormitory.— All  moneys  received  for  the  use  of 
rooms  in  the  dormitory  shall  be  expended  by  the  board  in  repairs  of  dormi- 
tory and  the  furniture  of  the  same,  whenever  such  repairs  are  needed. 

Sec.  15. — (11734) — Purpose. — The  exclusive  purpose  of  this  school  is 
the  training  and  instruction  of  persons,  both  male  and  female,  in  the  art  of 
teaching  and  managing  schools,  and  in  the  principles  and  practice  of  the  var- 
ious branches  of  learning  taught  in  our  public  schools. 


Subdiv.   13]  STATE  NORMAL  SCHOOLS  91 

Sec.  16. — (11735) — Admission  of  pupils. — The  board  shall  make  such 
rules  and  regulations  for  the  admission  of  pupils  to  the  school  as 
may  seem  to  be  best  for  the  interest  of  the  school  and  not  in- 
consistent with  the  purpose  for  which  the  school  has  been  estab- 
lished. No  pupil  shall  be  admitted  to  said  school  or  schools  who  does 
not  possess  at  least  a  two  years'  high  school  education,  or  its  equivalent,  as 
outlined  in  the  Nebraska  high  school  manual  issued  jointly  by  the  University 
of  Nebraska  and  the  state  superintendent  of  public  instruction.  Provided, 
That  pupils  of  mature  age,  who  have  completed  the  course  of  study  in  their 
home  districts,  or  its  equivalent,  may  be  admitted  to  a  preparatory  depart- 
ment under  such  rules  and  regulations  as  the  board  may  prescribe.  Pro- 
vided further,  That  nothing  in  this  act  shall  apply  to  the  junior  normals  or  to 
the  attendance  at  the  summer  term  of  the  normals. 

[Sections  17,  18,  19,  19a,  19b,  19c,  19d  and  19e,  establishing  new  state 
normal  schools  are  omitted.] 


JUNIOR  NORMAL  SCHOOLS. 

Sec.  20. — (11742) — Establishment. — That  there  be  and  there  hereby  are 
established  in  the  state  of  Nebraska  not  less  than  five  and  not  more  than 
eight  junior  normal  schools  at  such  time  and  places  as  are  hereinafter  desig- 
nated. 

Sec.  21. — (11743)— Terms,  time  and  places  of  holding. — The  terms  and 
time  of  holding  said  junior  normal  schools  shall  be  not  less  than  six  nor  more 
than  eight  weeks  between  the  first  day  of  June  and  the  first  day  of  September 
of  each  year.  Three  of  these  junior  normal  schools  shall  be  established  and 
maintained  in  the  public  school  districts  of  Alliance,  McCook  and  Valentine 
and  at  not  more  than  five  other  places  to  be  rdetemined  by  the  state  superin- 
tendent of  public  instruction.  In  case  epidemic  sickness  or  the  destruction  of 
the  school  house  shall  render  it  impracticable  in  any  one  year  to  hold  a  jumor 
normal  school  in  any  place  where  such  school  is  established,  the  state  super- 
intendent of  public  instruction  may  locate  it  elsewhere  for  that  year.  At  each 
place  where  a  junior  normal  school  is  established  the  public  school  buildings, 
textbooks  and  apparatus  of  the  public  school  district  shall  be  placed  at  the 
service  of  the  state,  without  cost,  under  the  jurisdiction  of  the  state  superin- 
tendent of  public  instruction.  In  each  county  where  a  junior  normal  school 
is  established  not  less  than  three-fourths  of  the  entire  institute  fund  shall  be 
used  by  the  state  superintendent  of  public  instruction  toward  defraying  the 
expenses  of  such  junior  normal  schools.  No  junior  normal  school  shall  be 
established  in  any  county  where  the  amount  appropriated  for  the  county 
institute  fund  by  the  county  board  is  less  than  one  hundred  ($100)  dollars 
each  year.  In  each  county  where  a  junior  normal  school  is  located  the  county 
superintendent  of  such  county  shall  designate  one  week  of  the  junior  normal 
school  as  the  institute  week  in  and  for  his  county.  Any  county  superintendent 
in  a  neighboring  county  to  that  in  which  a  junior  normal  school  is  located  may 


92  NEBRASKA  SCHOOL  LAWS  [Subdiv.   13 

designate  one  week  for  the  junior  normal  school  as  the  institute  week  for  his 
county. 

Sec.  22. — (11744) — Organization  and  Management. — The  organization 
and  management  t>f  said  junior  normal  schools  shall  be  under  the  jurisdiction 
of  the  state  superintendent  of  public  instruction  and  he  shall  select  the  prin- 
cipals and  the  instructors  for  said  schools  and  shall  make  and  complete  all 
other  arrangements  for  the  successful  operation  of  said  schools. 

Sec.  23. — (11745) — Course  of  study,  credit. — The  course  of  study  pur- 
sued at  said  junior  normal  schools'  shall  be  the  elementary  course  of  the 
regularly  prescribed  courses  of  study  for  the  state  normal  schools.  Any 
student  in  regular  attendance  and  pursuing  and  completing  any  of  said 
studies  in  a  satisfactory  manner  shall  be  granted  a  certificate  to  that  effect 
signed  by  the  principal  of  the  junior  normal  school  and  the  state  superin- 
tendent, which  certificate  shall  entitle  the  holder  to  proper  credit  at  the  state 
normal  schools  and  at  all  schools  authorized  by  law  to  grant  teachers'  cer- 
tificates. Any  student  in  regular  attendance  at  any  junior  normal  school  and 
pursuing  and  completing  the  prescribed  elementary  course  of  study  of  the 
state  normal  schools  in  a  satisfactory  manner  shall  be  granted  by  the  board  of 
education  of  the  state  normal  schools  an  elementary  state  certificate  of  the 
same  tenor  and  effect  as  the  certificate  to  teach  issued  to  graduates  from  the 
elementary  course  of  the  state  normal  schools. 


NORMAL  TRAINING  IN  HIGH  SCHOOLS. 

Sec.  24. — (11639) — Purpose. — For  the  purpose  of  giving  teachers  an 
opportunity  to  meet  the  requirements  in  normal  training  as  provided  in 
sections  5548g  and  5548h,  chapter  79,  Compiled  Statutes  of  Nebraska  for 
1905,  provision  is  hereby  made  for  such  training  in  the  high  schools  of  Ne- 
braska. 

Sec.  25. — (11640) — State  superintendent  designates  high  schools. — The 
state  superintendent  of  public  instruction  shall  designate  the  high  schools  in 
which  such  instruction  shall  be  given,  distributing  them  among  the  sixty- 
seven  representative  districts  of  the  state,  as  nearly  as  well  may  be,  having 
reference  to  the  number  of  representatives  in  each,  and  to  the  location  and 
character  of  the  high  schools  selected. 

Sec.  26. — (11641) — Admission — Regulations. — The  state  superintend- 
ent shall  prescribe  the  conditions  of  admission  to  the  normal  training  classes, 
the  course  of  instruction,  and  the  rules  and  regulations  under  which  such 
instruction  shall  be  given. 

Sec.  27. — (11642) — Requirements  governing  approval  of  high  schools  for 
normal  training. — In  approving  a  high  school  for  normal  training  as  contem- 
plated in  this  act,  the  state  superintendent  shall  be  governed  by  the  following 
general  requirements,  except  that  in  any  county  not  having  a  high  school 


Subdiv.  13]         NORMAL  TRAINING  IN  HIGH  SCHOOLS  93 

which  can  qualify  under  these  requirements  the  state  superintendent  of 
public  instruction  may  designate  a  high  school  of  lower  grade  for  giving  such 
normal  training. 

1.  A  high  school  in  order  to  be  approved  for  normal  training  must  be  a 
school  accredited  to  the  University  of  Nebraska. 

2.  At  least  two  teachers  exclusive  of  the  city  superintendent  shall  give 
their  entire  time  to  instruction  in  high  school  branches. 

3.  Normal  training  as  provided  in  this  act  shall  be  given  in  the  eleventh 
and  twelfth  grades.    Credit  for  such  training  shall  be  given  upon  the  comple- 
tion of  the  prescribed  course  in  normal  training  and  the  regular  high  school 
course  of  study. 

4.  The  course  in  normal  training  shall  be  elective,  and  shall  consist 
of  the  three  following  lines  of  study: 

(a)  A  review  for  at  least  nine  weeks  in  each  of  the  following  subjects — 
reading,  grammar,  arithmetic,  and  geography — to  be  given  not  earlier  than 
the  eleventh  grade.    This  work  shall  include  subject  matter,  underlying 
principles  and  methods  of  teaching,  and  should  enable  the  student  to  ap- 
proach the  subject  from  the  standpoint  of  teacher  as  well  as  that  of  student. 
It  shall  be  given  by  well  trained,  experienced  teachers. 

(b)  A  study  of  American  history  for  at  least  one  semester  in  the  eleventh 
•  or  twelfth  grade. 

(c)  At  least  seventy-two  periods  of  professional  training  to  include  a 
study  of  methods,  school  management,  observation  work,  etc.,  to  be  given  in 
the  senior  year  by  the  city  superintendent  of  schools  or  by  a  member  of  the 
high  school  faculty  recommended  by  him  and  approved  by  the  state  superin- 
tendent of  public  instruction. 

5.  Schools  offering  this  course  shall  have  a  reference  library  of  at  least 
three  volumes  on  each  of  the  following  fields  of  professional  study — history 
of  education,  principles  of  education,  methods,  and  special  training  in  indus- 
trial education,  including  agriculture. 

6.  In  case  elementary  agriculture  is  not  in  the  regular  course  of  study 
it  shall  be  required  in  the  course  in  normal  training. 

7.  Every  high  school  approved  for  normal  training  shall  instruct  a  class 
of  not  less  than  ten,  and  every  scholar  admitted  to  such  class  shall  continue 
under  instruction  not  less  than  eighteen  weeks  in  order  to  be  counted  in 
such  class.  . 

Sec.  28.— (11643)— Amount  of  state  aid.— The  sum  of  seven  hundred 
($700.00)  dollars  for  the  biennium  shall  be  paid  from  the  appropriation  pro- 
vided herein  to  each  school  district  in  which  a  class  of  not  less  than  ten  is 
organized  and  instructed  in  accordance  with  the  provisions  of  this  act. 

Sec.  29. — (11644) — Expenses  of  inspection. — The  appropriation  pro- 
vided by  this  act  for  instruction  in  high  schools  of  scholars  in  the  science  and 
practice  of  common  school  teaching  shall  be  deemed  to  include  and  shall 
include  due  inspection  and  supervision  of  such  instruction  by  the  state  super- 
intendent of  public  instruction,  and  the  expenses  of  such  inspection  and 
supervision  shall  be  paid  out  .of  said  appropriation  on  vouchers  certified  by 
the  state  superintendent. 


94  NEBRASKA  SCHOOL  LAWS  [Subdiv.   14 

Sec.  30. — (11645) — Payment — Secretary  of  board — Warrants. — The  sec- 
retary of  the  board  of  education  of  each  school  district  meeting  the  require- 
ments for  normal  training  as  herein  provided  shall  on  or  before  the  last  Mon- 
day in  June  of  each  year  make  a  report,  under  oath,  to  the  state  superintend- 
ent of  public  instruction  showing  how  many  scholars  have  met  the  minimum 
requirements  for  normal  training  as  countemplated  by  this  act.  The  state 
superintendent  shall  on  or  before  the  second  Monday  in  July  of  each  year 
apportion  the  money  earned  to  each  school  that  has  fully  complied  with  the 
requirements  of  this  act.  It  shall  be  the  duty  of  the  state  superintendent  to 
certify  the  apportionment  for  the  several  school  districts  of  the  state  to  the 
state  auditor,  who  shall  draw  warrants  on  the  state  treasurer  in  favor  of  the 
secretary  of  the  board  of  education  of  the  various  school  districts  for  the  sums 
so  specified  by  the  state  superintendent  of  public  instruction.  It  shall  be  the 
duty  of  the  state  treasurer  to  redeem  each  warrant  drawn  on  him  by  the 
state  auditor  and  to  rermt  the  same  to  the  secretary  of  the  board  of  education 
of  the  proper  school  district. 


SUBDIVISION  XIV.— SCHOOLS  IN  CITIES. 

Section  1. — (11791) — General  control. — That  the  territory  embraced 
within  the  corporate  limits  of  each  incorporated  city  or  village  in  the  state  of 
Nebraska,  or  those  hereafter  incorporated  as  such  (together  with  such  addi- 
tional territory  and  additions  to  said  city  or  village  as  may  be  added  thereto), 
as  declared  by  ordinances  to  be  the  boundaries  of  such  city  or  village,  having 
a  population  of  more  than  fifteen  hundred  (1,500)  inhabitants,  including  such 
adjacent  territory  as  now  is,  or  hereafter  may  be  attached  for  school  purposes, 
shall  constitute  one  school  district,  and  be  known  by  the  name  of  "the  school 
district  of  (name  of  city  or  village),  in  the  county  of  (name  of  county),  in  the 
state  of  Nebraska,"  and.as  such,  in  that  name,  shall  be  a  body  corporate  and 
possess  all  the  usual  powers  of  a  corporation  for  public  purposes,  and  in  that 
name  and  style  may  sue  and  be  sued,  purchase,  hold,  and  sell  such  personal 
and  real  estate,  and  control  such  obligations  as  are  authorized  by  law,  and 
the  title  to  all  school  buildings  or  other  property,  real  or  personal,  owned  by 
any  school  district  within  the  corporate  limits  of  any  city  or  village,  shall 
upon  the  organization  of  the  district  under  the  provisions  of  the  subdivision 
vest  immediately  in  the  new  district;  and  the  board  of  education,  by  this 
subdivision  provided,  shall  have  exclusive  control  of  the  same  for  all  pur- 
poses herein  contemplated;  Provided,  that  any  territory  not  included  in  the 
corporate  limits  of  any  city  or  village  and  containing  territory  or  a  number  of 
children  sufficient  to  constitute  a  school  district  under  the  provisions  of  this 
chapter,  may,  by  petitions  signed  by  at  least  a  majority  of  the  legal  voters 


Subdiv.  14]  SCHOOLS  IN  CITIES  95 

of  such  territory,  and  a  majority  of  the  board  of  education  of  such  city  or 
village,  be,  by  the  county  superintendent,  erected  into  a  separate  district 
under  the  conditions  imposed  by  this  chapter.  [Amended  1909.] 

Consolidation  of  district;  payment  of  debts..     15  Neb.,  4.     Cited  10  Id.,  12. 
See  sections  5  8,  subdivision  6. 

Sec.  2. — (11792) — Free  schools. — That  all  schools  organized  within  the 
limits  of  said  cities  shall  be  under  the  direction  and  control  of  the  boards  of 
education  authorized  by  this  subdivision.  Such  schools  shall  be  free  to  all 
children  between  the  ages  of  five  and  twenty-one  years,  whose  parents  or 
guardians  live  within  the  limits  of  said  district,  and  all  children  of  school  age 
non-residents  of  said  district  who  are  or  may  be  by  law  allowed  to  attend  said 
school  without  charge. 

Sec.  3. — (11793) — Board  of  education. — The  board  of  education  con- 
templated by  this  subdivision  shall  consist  of  six  members  who  shall  be 
elected  upon  a  general  ticket  from  among  the  legal  voters  who  are  tax  payers 
at  the  time  for  holding  the  general  city  election  in  each  year.  At  the  first 
election  in  cities  organized  under  this  act  two  members  shall  be  elected  for 
the  term  of  three  years,  two  for  two  years,  and  two  for  one  year,  and  annually 
thereafter  two  members  shall  be  elected  for  three  years  and  until  their  suc- 
cessors are  elected  and  qualified  and  installed  in  office.  Provided,  That  in 
cities  of  the  first  class  having  a  population  of  less  than  forty  thousand  and 
more  than  five  thousand  inhabitants  the  board  of  education  shall  at  the 
option  of  the  school  district  consist  of  nine  members  who  shall  be  qualified 
electors  of  said  city,  and  shall  be  actual  tax-payers,  who  shall  be  elected  at 
the  times  and  hold  their  offices  for  the  terms  hereinafter  prescribed,  to  wit: 
At  the  first  annual  city  election  held  after  organizing  under  this  act,  three 
members  shall  be  elected  for  the  term  of  three  years,  three  for  two  years,  and 
three  for  one  year,  and  annually  thereafter  their  successors  shall  be  chosen  for 
the  term  of  three  years,  and  all  members  so  elected  shall  serve  until  their 
successors  are  duly  elected  and  qualified. 

Provided  further,  That  in  cities  of  the  first  class,  having  a  population 
of  more  than  forty  thousand  and  less  than  a  hundred  thousand,  the  board  of 
education  shall  consist  of  six  members  who  shall  be  elected  in  manner 
following:  At  the  general  city  election  to  be  held  in  the  year  1905,  and  every 
six  years  thereafter,  there  shall  be  elected  two  members  of  said  board  of  edu- 
cation for  a  term  of  six  years.  At  the  general  city  election  to  be  held  in  the 
year  1907,  and  every  six  years  thereafter,  there  shall  be  elected  two  members 
of  said  board  of  education  for  a  term  of  six  years.  At  the  general  city  election 
to  be  held  in  the  year  1909,  and  every  six  years  thereafter,  there  shall  be 
elected  two  members  of  said  board  of  education  for  a  term  of  six  years. 

Provided,  That  incumbents  in  office  whose  terms  expire  subsequent  to 
the  general  city  election  of  said  city  for  the  year.  1905,  shall  be  privileged  to 
continue  in  office  until  their  successors  are  elected  and  qualified  as  herein 
provided;  those  whose  terms  shall  first  expire  shall  be  superseded  by  those 
first  elected  under  the  provisions  of  this  act.  Said  members  of  the  board  of 
education  shall  enter  upon  the  duties  of  their  office  on  the  first  Tuesday 
succeeding  their  election  In  event  of  a  vacancy  among  the  members  of  said 


96  NEBRASKA  SCHOOL  LAWS  [Subdiv.   14 

board  of  education,  said  vacancy  shall  be  filled  by  nomination  by  the  mayor 
and  confirmation  by  the  city  council,  and  such  appointment  shall  continue 
for  the  unexpired  term. 

Sec.  4. — (11794) — Election. — That  the  ballots  for  the  election  of  mem- 
bers of  the  board  of  education,  for  authorizing  the  issuance  of  bonds,  or  the 
purchase  of  sites  and  erection  of  buildings,  shall  in  all  case.s  be  deposited  in 
boxes  especially  prepared  for  that  purpose,  and  be  received,  and  returns  made 
by  the  regular  election  board;  but  the  returns  for  the  election  of  members 
shall  be  convassed  in  the  same  manner  as  provided  for  in  the  case  of  city 
officers;  the  returns  for  the  issuance  of  bonds,  purchase  of  sites,  and  erection 
of  buildings  shall  be  made  to  and  canvassed  by  the  board  of  education. 

Sec.  5. — (11795) — Oath  of  office. — That  all  persons  elected  as  members 
of  boards  of  education  shall,  on  or  before  the  first  Monday  of  the  month 
following  their  election,  take  and  subscribe  the  usual  oath  of  office.  In  case 
any  person  elected  shall  fail  so  to  do,  his  election  shall  be  void,  and  the  vacancy 
thereby  occasioned  shall  be  filled  by  the  board  as  hereinafter  provided. 

Sec.  6. — (11796) — Meetings. — That  the  regular  meetings  of  the  boards 
of  education  shall  be  held  upon  the  first  Monday  of  each  month;  but  special 
meetings  may  be  held  from  time  to  time,  as  circumstances  may  demand,  and 
all  meetings  of  the  board  shall  be  open  to  the  public,  unless  otherwise  speci- 
ally ordered. 

Sec.  7.— (11797)— Officers— Rules.— That  the  boards  of  education  shall 
have  power  to  select  their  own  officers  and  make  their  own  rules  and  regula- 
tions subject  to  the  provisions  of  this  subdivision  and  of  this  act;  but  no 
member  of  the  board,  except  the  secretary,  shall  accept  or  receive  any  com- 
pensation for  services  performed  in  discharging  the  duties  of  his  office. 

Sec.  8. — (11798) — Election  of  officers. — The  term  of  members  elected 
shall  begin  with  the  first  Monday  in  May  succeeding  their  election  each  year, 
and  the  members  of  the  board  shall  thereupon  elect  a  president  and  vice- 
president  from  their  own  number,  and  a  secretary  either  from  their  own  num- 
ber or  outside,  in  the  discretion  of  the  board,  and  they  shall  determine  the 
salary  of  such  secretary,  not  to  exceed,  however,  $720.00  per  annum,  pro- 
vided that  the  limitation  of  salary  shall  not  apply  to  school  districts  compris- 
ing territory  within  the  corporate  limits  of  cities  of  the  first  class  having  a 
population  of  more  than  40,000  and  less  than  100,000.  Each  of  said  officers 
shall  serve  for  the  term  of  one  year  or  until  their  successors  are  elected  and 
qualified.  They  may  also  elect  at  any  regular  meeting  one  superintendent  of 
public  instruction  with  such  salary  as  the  board  may  deem  best,  and  they 
may  enter  into  contract  with  him  in  accordance  with  their  discretion,  for  a 
term  not  to  exceed  three  years.  The  election  of  the  officers  of  the  board,  of 
the  superintendent  and  teachers,  and  all  elections  for  filling  vacancies  on  the 
board  shall  be  by  ballot,  and  no  person  shall  be  declared  elected  except  he 
receive  the  vote  of  a  majority  of  all  the  members  of  the  board. 

Sec.  9. — (11799) — President. — That  it  shall  be  the  duty  of  the  president 
to  preside  at  all  meetings  of  the  board,  to  appoint  all  committees  whose 
appointment  is  not  otherwise  provided  for,  and  to  sign  all  warrants  ordered 


Subdiv.   14]  SCHOOLS  IN  CITIES  97 

by  the  board  of  education  to  be  drawn  upon  the  city  treasurer  for  school 
moneys. 

Sec.  10.— (11800)— Vice  president.— 1  hat  it  shall  be  the  duty  of  the 
vice  president  to  perform  all  the  duties  of  the  president  in  case  of  his  absence 
or  disability. 

Sec.  11. — (11801) — Secretary. — That  it  shall  be  the  duty  of  the  secretary 
to  be  present  at  all  meetings  of  the  board,  to  keep  an  accurate  journal  of  its 
proceedings,  to  take  charge  of  its  books  and  documents,  to  countersign  all 
warrants  for  school  moneys  drawn  upon  the  city  treasurer  by  order  of  the 
board,  to  apply  for  and  receive  school  funds  from  the  county  treasurer,  or 
other  person  to  whom  such  funds  are  payable  by  law,  and  deposit  the  same 
with  the  treasurer  of  the  board,  and  to  perform  all  such  other  clerical  duties 
as  the  board  may  require;  and  for  his  services  he  shall  receive  such  salary  as 
the  board  may  deem  adequate. 

Sec  12. — (11802) — Secretary's  bond. — That  before  entering  upon  the 
discharge  of  his  duties  the  secretary  of  the  board  shall  give  bonds  in  the  sum 
of  not  less  than  one  thousand  dollars,  to  be  determined  by  the  board,  with 
good  and  sufficient  sureties,  and  shall  take  and  subscribe  an  oath  or  affirmation 
before  a  proper  officer,  that  he  will  support  the  constitution  of  the  state  of 
Nebraska,  and  faithfully  perform  the  duties  of  his  office. 

Sec.  13. — (11803) — Treasurer. — That  the  city  treasurer  of  such  city 
shall  be  ex  officio  treasurer  of  the  school  district.  He  shall  attend  all  meet- 
ings of  the  board  when  required  so  to  do,  and  he  shall  prepare  and  submit  in 
writing  a  monthly  report  of  the  state  of  its  finances,  and  he  shall  pay  school 
moneys  only  upon  warrants  signed  by  the  president  of  the  board  or,  in  his 
absence,  by  the  vice  president,  and  countersigned  by  the  secretary.  He  shall 
give  a  bond  payable  to  the  county  in  such  sum  as  may  be  fixed  by  the  board 
of  education,  which  bond  shall  be  signed  by  one  or  more  surety  companies 
of  recognized  responsibility,  and  the  cost  of  such  bond  shall  be  paid  by  the 
school  district. 

Sec.  14. — (11804) — Property  and  funds. — That  within  ten  days  after  the 
permanent  organization  of  a  board  of  education  as  provided  for  in  this 
subdivision,  it  shall  be  the  duty  of  all  officers  of  school  districts  within  the 
limits  of  cities  aforesaid  to  deliver  to  the  officers  of  the  board  all  property, 
funds,  and  papers  entrusted  to  their  care,  for  the  use  of  the  public  schools  of 
such  cities,  and  all  funds  thus  received  shall  be  immediately  paid  to  the 
treasurer  of  the  board,  and  be  by  him  placed  to  the  credit  of  the  school  district 
provided  by  this  subdivision. 

Sec.  15. — (11805) — Vacancies,  how  filled. — That  the  boards  of  education 
shall  have  power  to  fill  any  vacancies  which  may  occur  in  their  body  from 
among  the  legal  voters  who  are  tax  payers; 

Provided — Vacancy  filled  by  election. — That  any  vacancy  occurring  more 
than  ten  days  previous  to  the  annual  city  elections,  and  leaving  an  unexpired 
term  of  more  than  one  year,  shall  be  filled  at  the  first  city  election  thereafter, 
and  the  ballots  and  returns  shall  be  designated  as  follows:  "To  fill  unexpired 
term." 

Sec.   16. — (11806) — Quorum. — That  a  majority  of  all  the  members  of 


98  NEBRASKA  SCHOOL  LAWS  tSubdiv.   14 

each  board  of  education  shall  constitute  a  quorum,  but  a  less  number  in  attend 
ance  at  any  regular  meeting  shall  have,  and  a  quorum  at  any  special  meeting 
may  have,  power  to  conpel  the  attendance  of  absent  members,  in  such  a 
manner,  and  under  such  penalties  as  such  board  shall  see  fit  to  prescribe;  and 
the  absence  of  any  member  from  four  consecutive  regular  meetings  of  the 
board,  unless  on  account  of  sickness  or  consent  of  the  board,  removal  from 
the  district,  or  resignation  accepted  by  the  board  shall  vacate  his  position 
on  the  board,  and  such  vacancy  shall  be  filled  in  accordance  with  the  provi- 
sions of  this  subdivision. 

Sec.  17. — ( 1 1807) — Accounts  audited. — That  all  accounts  shall  be  audited 
by  the  secretary,  approved  by  a  committee,  to  be  styled  the  committee  on 
claims,  and  no  expenditure  greater  than  two  hundred  dollars  shall  be  voted 
by  the  board,  except  in  accordance  with  the  provisions  of  a  written  contract; 
nor  shall  any  money  be  appropriated  out  of  the  school  fund,  except  on  a 
recorded  affirmative  vote  of  a  majority  of  all  the  members  of  the  board,  and 
said  accounts  and  the  records  of  said  board  in  cities  of  the  first  class  shall  at 
all  times  be  subject  to  the  inspection  and  examination  of  the  auditor  of  such 
city,  whose  duty  it  shall  be  each  month  to  examine  said  records  and  check 
said  accounts  and  from  time  to  time,  as  may  be  required  by  ordinance  or 
resolution  of  the  city  council,  report  to  said  council  the  nature  and  state  of 
said  accounts,  and  any  facts  that  may  be  required  concerning  said  records. 

Sec.  18. — (11808) — Census. — That  the  boards  of  education  shall  annu- 
ally cause  to  be  taken  an  enumeration  of  all  persons  between  the  ages  of  five 
and  twenty-one  years,  residing  in  the  district,  who  shall  report  the  same, 
together  with  such  other  information  as  required  by  sections  twelve  (12)  and 
seventeen  (17)  of  subdivision  IV  of  this  chapter,  to  the  county  superintendent 
of  public  instruction,  at  the  time  specified  by  law  for  like  returns  from  other 
districts. 

In  order  that  the  county  superintendent  may  legally  apportion  to  a  city  school  district 
its  full  share  of  the  state  apportionment  of  public  school  moneys,  the  secretary  of  the  board  of 
education  of  the  city  school  district  must  file  with  the  county  superintendent,  under  path,  a 
statement  showing  that  each  and  every  teacher  in  such  school  district  is  legally  qualified  to 
teach  therein.  This  statement  must  show  the  grade  of  the  certificate  held  by  each  and  every 
teacher,  when,  where,  and  by  what  authority  issued,  and  on  what  qualifications.  This  report 
should  be  made  to  the  county  superintendent  at  the  time  the  city  school  district  files  its  report 
of  the  school  census. 

Sec.  19. — (11809) — No  person  shall  be  elected  to  a  position  in  any  city 
school  as  teacher,  principal,  supervisor,  or  superintendent  who  does  not  hold 
the  legal  city  certificate  entitling  him  to  teach  the  grades  or  subjects  to  which 
elected. 

See  Section  5,  Subd.  9a,  for  law  governing  issuance  of  city  certificate. 

Sec.  20. — (11810) — Contract  with  member  illegal. — It  shall  be  unlawfu 
for  any  member  of  the  board  of  education  to  have  any  pecuniary  interest, 
either  directly  or  indirectly,  in  any  contract  for  the  erection  of  schoolhouses, 
or  for  warming,  ventilating,  furnishing,  or  repairing  the  same,  or  to  be  in  any 
manner  connected  with  the  furnishing  of  supplies  for  the  maintenance  of  the 
schools. 

Sec.  21. — (11811) — Sale  of  district  property. — No  school  property  of  any 
kind  belonging  to  any  school  district  shall  be  sold  by  the  board  of  education, 


Subdiv.  14]  SCHOOLS  IN  CITIES  99 

except  (upon  an  order  passed)  at  a  regular  meeting  of  the  same,  and  not  then 
without  an  affirmative  recorded  vote  of  at  least  two-thirds  of  all  the  members 
of  the  board. 

Sec:  22. — (11812) — Payment  of  debts  of  superseded  districts. — Each  of 
the  school  districts  provided  for  in  section  1  of  this  subdivision  shall  have  the 
power,  and  it  shall  be  the  duty  of  the  board  of  education  to  provide  for  the 
payment  of  debts  created  by  school  districts  or  other  school  organizations 
superseded  by  the  districts  herein  provided  for,  when  such  debts  have  been 
incurred  in  the  erection  of  schoolhouses,  or  for  other  school  purposes;  if  any 
portion  of  such  debts  shall  be  in  the  form  of  bonds,  if  issued  for  a  valuable 
consideration,  and  in  accordance  with  law,  the  validity  of  which  has  not  been 
called  in  question,  or  if  called  in  question  have  been  declared  by  courts  of 
last  resort  to  be  valid,  the  holder  or  holders  thereof,  on  surrendering  the  same 
to  said  board,  shall  have  the  right  to  demand,  and  it  shall  be  the  duty  of  said 
board,  in  the  name  of  the  district  created  by  this  subdivision,  to  cause  to  be 
issued  other  bonds  of  like  amount,  of  the  same  tenor  and  effect  as  to  payment 
of  principal  and  interest  as  the  bonds  surrendered.  This  provision  shall  also 
apply  to  cases  where  only  a  part  of  a  district  shall  be  embraced  within  the 
district  created  by  this  subdivision,  whenever  said  fractional  part  shall  peti- 
tion and  become  a  part  of  said  district,  as  provided  for  in  section  1  of  this 
subdivision. 

Provided — Apportionment  of  indebtedness. — The  latter  shall  assume  and 
pay  only  such  proportion  of  the  debt  o.f  the  divided  district  as  the  assessed 
valuation  of  the  part  taken  therefrom  shall  bear  to  the  assessed  valuation  of 
the  part  remaining.  In  case  of  a  division  of  one  or  more  school  districts  for 
the  purpose  of  forming  one  school  district  within  the  limits  of  a  city  of  the 
first  class,  it  shall  be  the  duty  of  the  county  superintendent  of  public  instruc- 
tion, the  president  of  the  board  of  education,  and  the  director  of  the  school 
district,  to  appraise  and  adjust  all  claims  or  assets  in  such  a  manner  that  each 
district  shall  bear  its  proportion  of  the  indebtedness,  as  heretofore  provided, 
and  have  its  proportion  of  the  assets  of  said  district. 

Sec.  23. — (11813) — Estimate  of  funds  needed. — That  the  board  of  educa- 
tion shall  annually,  during  the  month  of  June,  report  to  the  county  commis- 
sioners an  estimate  of  the  amount  of  funds  required  for  the  support  of  the 
schools  during  the  fiscal  year  next  ensuing,  the  amount  of  funds  required  for 
the  purchase  of  school  sites,  the  erection  of  school  buildings,  the  payment  of 
interest  upon  all  bonds  issued  for  school  purposes,  and  the  creation  of  a  sinking 
fund  for  the  payment  of  such  indebtedness;  and  the  county  commissioners 
are  hereby  authorized  and  required  to  levy  and  collect  the  necessary  amounts 
the  same  as  other  taxes;  a  duplicate  of  said  certificate  shall  be  filed  by  the 
board  with  the  city  council. 
Cited  36  Neb.,  263. 

Sec.  24.— (11814)— Limitation  of  taxation— Bonds.— That  the  aggregate 
school  tax,  exclusive  of  school  bond  taxes,  shall  in  no  one  year  exceed  thirty- 
five  mills.  But  the  board  of  education  may  bofrow  money  upon  bonds  which 
they  are  hereby  authorized  and  empowered  to  issue,  bearing  a  rate  of  interest 
not  to  exceed  six  per  cent  per  annum,  payable  annually  or  semi-annually  at 


100  NEBRASKA  SCHOOL  LAWS  [Subdiv.   14 

such  place  as  may  be  mentioned  upon  the[face  of  the  bonds;  which  loan  shall 
be  paid  and  reimbursed  in  a  period  not  exceeding  thirty  years  from  the  date 
of  said  bonds.  Provided  that  no  bonds  shall  be  issued  nor  the  question  of 
issue  submitted  to  the  voters  without  the  consent  of  two-thirds  of  the  mem- 
bers of  the  board  of  education,  and  be  offered  in  the  open  market  and  sold  to 
the  highest  bidder  for  not  less  than  par  value  of  the  dollar;  and  provided 
further,  that  no  bonds  shall  be  issued  by  the  board  of  education  without  first 
submitting  the  proposition  of  issuing  said  bonds  at  an  election  called  for  that 
purpose,  or  at  any  regular  election,  notice  whereof  shall  be  given  for  at  least 
twenty  days  in  one  or  more  papers  published  within  the  district  to  the  quali- 
fied voters  of  the  district  and  if  a  majority  of  the  ballots  cast  at  such  elec- 
tion shall  be  for  issuing  bonds,  said  board  may  issue  bonds  in  such 
amount  as  may  be  named  in  the  election  notice.  Provided  that  in  cities 
of  the  first  class  having  over  twenty-five  thousand  inhabitants  if  such 
question  is  submitted  at  a  special  election,  it  shall  require  to  carry  the  same 
a  two-thirds  majority  of  the  votes  cast  at  said  election. 

Sec.  25.— (11815)— Taxes.— That  all  taxes  collected  for  the  benefit  of 
the  public  schools  shall  be  paid  in  money,  and  shall  be  subject  to  the  order 
of  the  board  of  education. 

Sec.  26.— (11816) — Interest. — That  the  board  of  education  is  hereby 
authorized  and  required  to  provide,  before  the  same  shall  become  due,  for 
the  interest  on  all  bonds  issued  by  the  district;  they  shall  also,  immediately 
after  the  expiration  of  one-half  of  the  time  for  which  said  bonds  are  issued, 
proceed  to  set  apart  each  year,  for  a  sinking  fund,  a  requisite  amount  or 
proportion  sufficient  to  pay  the  principal  of  said  bonds  when  they  shall  be- 
come due.  All  moneys  set  apart  for  said  sinking  fund  shall  be  invested: 

First— Investment — District  bonds. — In  the  purchase  and  redemption  of 
bonds  of  the  school  district,  which  bonds  shall  be  purchased  in  open  market, 
in  such  manner  as  the  board  of  education  shall  prescribe. 

Second — County  bonds.— In  bonds  of  the  county  in  which  the  city  is 
situated. 

Third — State  bonds. — In  bonds  of  the  state  of  Nebraska. 

Fourth — U.  S.  bonds. — In  U.  S.  Bonds. 

Fifth — City  bonds. — In  bonds  of  the  city. 

Sec.  27. — (11817)— Purchase  of  bonds  before  maturity. — That  if  it  shall 
be  deemed  advisable  by  the  board  of  education  to  purchase  bonds  issued  under 
the  provisions  of  this  chapter,  before  maturity,  the  treasurer  shall  sell  to  the 
highest  bidder,  in  open  market,  and  in  a  manner  prescribed  by  the  board, 
such  bonds  or  securities  as  shall  belong  to  the  school  funds,  and  the  proceeds 
thereof  shall  apply  to  purchase  of  bonds  herein  provided  for. 

Sec.  28. — (11818) — Control  of  funds. — That  all  moneys  arising  from  any 
source  whatever,  which,  under  any  prior  act  or  acts  of  the  legislature  of  this 
state,  are  payable  to  any  school  fund  of  any  city  of  the  state  or  any  moneys 
which  are  required  to  be  set  apart  by  the  treasurer  of  any  such  city  for  the 
support  and  maintenance  of  any  school  heretofore  organized  therein,  under 


Subdiv.  15]  SCHOOL  DISTRIGJ  BDfe  :  101 


any  general  or  special  law,  shall,  on  and  after  the  passage  of  this  subdivision 
be  payable  to  the  treasurer  of  the  board  of  education,  and  shall  be  used  only 
for  the  purpose  specified  in  this  subdivision. 


SUBDIVISION  XV SCHOOL  DISTRICT  BONDS 

Section  1. — (11318) — Bonds,  when  issued.— The  district  officers  of  any 
school  district  in  Nebraska  shall  have  power  to  issue  the  bonds  of  the  district, 
for  the  purpose  of  purchasing  a  site  for,  and  erecting  thereon,  a  schoolhouse 
or  schoolhouses,  and  furnishing  the  same,  in  such  district,  on  the  terms  and 
conditons  set  forth  in  the  succeeding  sections  of  this  act. 

Sec.  2. — (11319) — Election  to  vote  bonds. — No  bonds  shall  be  issued  until 
the  question  has  been  submitted  to  the  qualified  electors  of  the  district,  and 
two-thirds  of  all  the  qualified  electors  present  and  voting  on  the  question 
shall  have  declared  by  their  votes  in  favor  of  issuing  the  same,  at  an  election 
called  for  the  purpose,  upon  a,notice  given  by  the  officers  of  the  district  at 
least  twenty  days  prior  to  such  election. 

All  persons  who  are  qualified  to  vote  in  a  school  district  meeting  are  entitled  to  vote 
upon  the  proposition  to  issue  bonds  of  the  district  whenever  such  question  is  properly  sub- 
mitted. 

Women  entitled  to  vote  at  school  elections  may  lawfully  vote  for  or  against  school  district 
bonds.  86  Neb,,  135. 

Sec.  3. — (11320) — Petition  for  submission.— No  vote  shall  be  ordered 
upon  the  issuance  of  such  bonds,  unless  a  petition  shall  be  presented  to  the 
district  board,  suggesting  that  a  vote  be  taken  for  or  against  the  issuing  of 
such  amount  of  bonds  as  may  therein  be  asked  for,  to  purchase  a  site  for,  or 
build  a  schoolhouse  or  houses,  or  for  furnishing  the  necessary  furniture,  and 
apparatus  for  the  same,  or  for  all  these  purposes,  which  petition  shall  be 
signed  by  at  least  one-third  of  the  qualified  voters  of  such  district;  Provided, 
That  the  board  of  education  in  any  city  of  the  metropolitan  class  may  order 
a  vote  upon  the  issuance  of  such  bonds  without  a  petition  therefor 

"One-third  qualified  voters,"  how  ascertained.     41  Neb.,  593. 

Sec.  4. — (11321') — Amount  of  bonds. — That  no  such  bonds  shall  be  issued 
in  the  aggregate  amount  to  exceed  five  per  cent  (excepting  in  districts  having 
over  one  hundred  and  fifty  (150)  school  children)  of  the  last  complete  assess- 
ment of  the  taxable  property  of  the  district,  for  state  and  county  purposes; 
nor  shall  any  district  issue  bonds  unless  there  are  at  least  twelve  (12)  children 
of  school  age  residing  within  such  district. 

Sec.  5. — (11322) — Amount  of  bonds  limited. — The  amount  of  bonds  shall 
in  no  case  exceed  five  hundred  ($500)  dollars  in  those  districts  having  less 
than  twenty-five  (25)  scholars  and  not  less  than  twelve  (12)  of  school  age; 
and  the  amount  of  bonds  shall  not  exceed  one  thousand  ($1,000)  dollars  when 
the  number  of  the  children  of  school  age  is  twenty-five  (25)  or  more  and  less 


102  '  ^ERRA^SKA  SCHOOL  LAWS  [Subdiv.  15 

than  fifty  (50);  and  the  amount  of  bonds  shall  not  exceed  two  thousand 
($2,000)  dollars  when  the  number  of  children  of  school  age  in  the  district  is 
fifty  (50)  or  more  but  less  than  one  hundred  (100) ;  and  the  amount  of  bonds  shall 
not  exceed  five  thousand  ($5,000)  dollars  when  the  number  of  children  of 
school  age  in  the  district  is  one  hundred  (100)  or  more  but  less  than  one  hun- 
dred fifty  (150);  and  in  districts  having  one  hundred  fifty  (150)  or  more  of 
children  of  school  age,  such  amount  as  may  be  agreed  upon  not  to  exceed  ten 
per  cent  of  the  assessed  valuation  of  the  last  completed  assessment. 

Sec.  6. — (11323) — Rate  of  interest. — The  bonds  issued  under  this  sub- 
division shall  draw  such  interest  as  shall  be  agreed  upon,  but  not  to  exceed 
six  per  cent  per  annum. 

Sec.  7. — (11324) — Description  of  bonds. — The  bonds  shall  specify  on 
their  face  the  date,  amount,  for  what  purpose  issued,  the  time  they  run,  and 
the  rate  of  interest;  shall  be  printed  on  good  paper,  with  coupons  attached  for 
each  year's  or  half  year's  interest,  and  the  amount  of  each  year's  interest 
shall  be  placed  in  corresponding  coupons  until  such  bonds  shall  become  due, 
in  a  manner,  so  as  to  have  the  last  coupon  fall  due  at  the  same  time  as  the 
bond;  said  bonds  and  coupons  thereto  attached  shall  be  severally  signed  by 
the  director,  moderator,  and  treasurer  of  the  district  board. 

Sec.  8.— (11325)— Statement  by  district  pfficers.— It  shall  be  the  duty  of 
the  proper  officers  of  any  school  district  in  which  any  bonds  may  be  voted 
under  the  authority  of  any  law  of  this  state,  before  the  issuance  of  such  bonds, 
to  make  a  written  statement  of^all  proceedings^relative  to  the  vote  upon  the 
issuance  of  such  bonds,  and  the  notice  of  the  election,  manner,  and  time  of 
giving  notice,  question  of  submission,  results  of  a  convass  of  the  vote  on  the 
proposition  on  account  of  which  it  is  proposed  to  issue  such  bonds  together 
with  a  full  statement  of  the  assessed  valuation,  the  number  of  children  of 
school  age  residing  in  the  district,  and  total  bonded  indebtedness  of  the  school 
district  voting  such  bonds.  Such  statement  shall  be  certified  to  under  oath 
by  the  proper  school  board  of  the  district,  and  be  transmitted  with  the  bonds 
proposed  to  be  issued,  to  the  auditor  of  public  accounts. 

Sec.  9. — (11326) — Registration  by  auditor. — The  auditor  shall  examine 
the  statement  and  bonds  so  submitted  to  him,  and  if  he  be  satisfied  that  such 
bonds  have  been  voted  in  conformity  to  law,  and  are  in  all  respects  in  due 
form,  he  shall  record  the  statement  and  register  the  bonds  in  his  office,  and 
no  such  bonds  shall  be  issued  or  be  valid  unless  they  shall  be  so  registered  and 
have  endorsed  thereon  a  certificate  of  said  auditor  and  the  secretary  of  state, 
showing  that  such  bonds  are  issued  pursuant  to  law,  the  data  filed  in  the 
office  of  said  auditor  being  the  basis  of  such  certificate. 

Sec.  10. — (11327) — Certificate  of  registration. — Upon  the  registration  of 
such  bonds  aforesaid,  the  auditor  of  public  accounts  shall  certify  the  fact  to 
the  county  clerk  of  the  county  in  which  the  district  is  situated,  and  also  to 
the  proper  officers  of  such  school  district,  and  whose  duty  it  shall  be  to  enter 
the  same  upon  the  proper  records  of  such  school  district  and  taxes  for  the 
payment  of  such  bonds  and  the  interest  thereof  shall  be  levied  in  the  manner 
provided  by  section  thirteen  of  this  act. 


Subdiv.   15]  SCHOOL  DISTRICT  BONDS  103 

Sec.  11. — (11328) — Non-registry. — If  the  auditor  of  public  accounts  is 
not  satisfied  that  such  bonds  have  [been]  issued  according  to  law,  he  shall 
return  the  same  to  the  proper  officer  with  a  certificate  to  that  effect. 

Sec.  12.— (11329)— Effect  of  act  on  bonds  heretofore  issued.— Bonds 
heretofore  issued  under  any  of  the  provisions  of  any  law  of  this  state  may  be 
registered  in  the  office  of  the  auditor  of  public  accounts  upon  compliance  with 
the  provisions  of  this  chapter,  but  nothing  herein  contained  shall  affect  the 
validity  of  bonds  heretofore  issued,  and  not  registered  under  any  law  of  this 
state. 

Sec.  13. — (11330) — Taxation  for  payment. — It  shall  be  the  duty  of  the 
board  of  county  commissioners  in  each  county  to  levy  annually  "upon  all 
the  taxable  property  in  each  school  district  in  such  county  a  tax  sufficient  to 
pay  the  interest  accruing  upon  any  bonds  issued  by  such  school  district,  and 
to  provide  a  sinking  fund  for  the  final  redemption  of  the  same,  such  levy  to 
be  made  with  the  annual  levy  of  the  county,  and  the  taxes  collected  with 
other  taxes,  and  when  collected  shall  be,  and  remain  in,  the  hands  of  the 
county  treasurer  a  specific  fund  for  the  payment  of  the  interest  upon  such 
bonds,  and  for  the  final  payment  of  the  same  at  maturity.  It  shall  be  the 
duty  of  the  county  clerk  to  furnish  a  copy  of  his  register  to  the  county  treas- 
urer. 

The  county  commissioners  seem  to  be  required  to  levy  the  necessary  taxes  for  the  pay- 
ment of  bonded  indebtedness  of  a  district  without  any  action  of  the  voters  and  officers  of  the 
district. — From  Maxwell's  Practice,  398.  Cited  22  Neb.,  700. 

Sec.  14. — (11331) — School  district  defined. — That  the  phrase  and  expres- 
sion "school  district,"  as  used  in  the  preceding  section  is  hereby  declared  to 
mean,  intend,  and  refer  to  the  school  district  as  it  existed  immediately  prior 
to  and  at  the  time  of  the  issuance  of  any  bonds  by  said  school  district,  in- 
cluding all  lands  and  property  and  inhabitants  comprised  and  contained  in 
said  school  district  at  the  time  of  the  issuance  of  any  bonds,  and  including  all 
and  any  portions  of  said  district  subsequently  separated  from  said  district, 
whether  by  the  formation  of  a  new  district  or  by  any  change  of  boundaries  of 
said  original  district. 

Cited  19  Neb.,  485.     15  Id.,  1. 

Sec.  15. — (11332) — Excess  of  tax  over  payment  due. — Any  money  re- 
maining in  the  hands  of  any  treasurer,  after  the  payment  of  interest  due  on 
any  bonds  which  are  a  valid  and  legal  obligation  against  the  school  district 
to  which  such  money  belongs,  and  the  retention  of  a  sufficient  amount  to 
pay  the  accruing  interest  upon  such  bonds  for  the  current  year,  shall  be 
retained  as  a  sinking  fund  for  the  final  redemption  of  such  bonds,  and  shall 
be,  by  the  treasurer,  when  so  ordered  by  the  school  board,  invested  as  follows, 
to- wit:  First,  in  redeeming  bonds  of  the  school  district  issuing  the  same; 
second,  in  registered  bonds  of  the  county  in  which  the  district  is  situated; 
third,  in  the  bonds  of  the  state  of  Nebraska;  fourth,  in  the  bonds  of  the  United 
States;  Provided,  That  the  bonds  thus  purchased  shall  in  all  cases  be  pur- 
chased at  the  lowest  market  price,  after  twenty  days'  notice  by  publication 
in  at  least  one  newspaper  published  and  in  general  circulation  at  the  capital 


104  NEBRASKA  SCHOOL  LAWS  [Subdiv.   15 

city  or  town  of  the  state;  the  cost  of  which  advertising,  at  legal  rates,  shall 
be  paid  out  of  the  sinking  fund  for  the  redemption  of  such  bonds. 

Sec.  16.— (11333)— Payment,  where  and  how  made. — When  the  interest 
and  principal,  or  interest  only,  of  such  registered  bonds  are  payable  in  New 
York  City,  or  elsewhere  out  of  the  stato,  payment  shall  be  therein  [then]  made 
at  the  place  so  designated  in  such  bond  or  coupon,  or  at  the  commercial 
[financial]  agency  of  the  state  for  such  purposes,  arid  in  order  that  the  funds 
may  not  be  misapplied,  the  treasurer  shall  procure  a  draft  for  the  amount, 
to  be  transmitted  by  drawing  his  check  on  some  bank  in  this  state,  and  both 
check  and  draft  shall  be  so  endorsed  as  to  show  upon  what  bond  or  bonds 
the  funds  shall  be  applied;  or,  at  the  request  of  the  party  holding  or  owning 
said  bonds,  payment  may  be  made  at  the  office  of  said  treasurer. 

Sec.  17. — (11334) — County  treasurer  liable. — The  tax  and  funds  so 
collected  shall  be  deemed  pledged  and  appropriated  to  the  payment  of  the 
interest  and  principal  of  the  registered  bonds  herein  provided  for,  until 
fully  satisfied,  and  the  treasurer  shall  be  liable  on  his  official  bond  for  the 
faithful  disbursements  of  all  moneys  so  collected  or  received  by  him.  After 
the  principal  and  interest  of  such  bonds  shall  have  been  fully  paid,  and  all 
obligations  for  which  such  fund  and  taxes  were  raised  have  been  discharged, 
the  county  clerk,  upon  the  order  of  the  county  commissioners,  shall  notify 
the  county  treasurer  to  transfer  all  such  funds  remaining  in  his  hands  to  the 
credit  of  the  district  to  which  they  belong. 

Sec.  18. — (11335) — Cancellation. — When  any  registered  bond  shall 
mature,  the  same  shall  be  paid  off  by  the  treasurer,  at  the  place  where  the 
same  shall  be  payable,  out  of  any  money  in  his  hands  or  under  his  control 
for  that  purpose,  and  when  so  paid  the  same  shall  be  endorsed  by  the  treas- 
urer on  the  face  thereof,  "Cancelled,"  together  with  the  date  of  such  payment; 
and  thereupon  be  filed  with  the  clerk,  who  shall  enter  satisfaction  of  such 
bonds  upon  the  records  of  such  school  district.  In  case  said  bonds  are  payable 
out  of  the  state,  an  allowance  of  one-fourth  of  one  per  cent  shall  be  made  to 
the  treasurer  for  the  expense  attendant  in  making  such  payment  to  be  de- 
ducted from  any  money  in  his  hands  remaining  after  payment  of  such  ma- 
tured bonds. 

Sec.  19.— (11336)— Acts  repealed.— That  the  act  entitled  "An  act  to 
amend  an  act  entitled  'An  act  to  establish  a  system  of  public  instruction  for 
the  state  of  Nebraska,'  "  approved  February  25th,  1875;  and  also  those 
portions  of  the  act  entitled  "An  act  to  provide  for  the  registration  of  precinct 
or  township  and  school  district  bonds,"  in  conflict  with  this  act,  and  all  other 
acts  and  parts  of  acts  inconsistent  with  this  act,  be  and  the  same  are  hereby 
repealed;  Provided,  That  nothing  in  this  act  shall  affect  in  any  manner  the 
validity  of  bonds  heretofore  issued. 

Sec.  20. — (11337) — Refunding  bonds. — That  any  school  district  in  the 
state  of  Nebraska  which  has  heretofore  voted  and  issued  bonds  to  build,  or 
to  furnish  a  schoolhouse,  or  for  any  other  purpose,  and  which  bonds,  or  any 
part  thereof,  still  remain  unpaid,  and  remain  and  are  a  legal  liability  against 
such  district,  and  bearing  interest,  is  hereby  authorized  to  issue  coupon  bonds 
at  a  rate  of  interest  not  exceeding  six  per  centum  per  annum,  to  be  substi- 


Subcliv.   15]  SCHOOL  DISTRICT  BONDS  105 

tuted  in  place  of,  and  exchanged  for  such  bonds  heretofore  issued,  whenever 
such  school  district  can  effect  such  substitution  and  exchange  at  a  rate  of 
not  to  exceed  dollar  for  dollar.  Provided,  That  all  bonds  issued  under  the 
provisions  of  this  act  must,  on  their  face,  contain  a  clause  that  the  district 
issuing  such  bonds  shall  have  the  right  to  redeem  such  bonds  at  the  expiration 
of  five  years  from  the  date  of  the  issuance  thereof. 

Sec.  21. — (11338) — New  bonds — Description. — The  new  bond  so  issued 
shall  have  recited  therein  the  object  of  its  issue,  the  title  of  the  act  under 
which  the  issue  was  made,  stating  the  issue  to  be  in  pursuance  thereof,  and 
shall  also  state  the  number,  date,  and  amount  of  the  bond  or  bonds  for  which 
it  is  substituted,  and  such  new  bond  shall  not  be  delivered  until  the  surrender 
of  the  bond  or  bonds  so  designated 

Sec.  22. — (11339) — How  issued  and  paid. — The  new  bonds  as  issued 
shall  not  require  a  vote  of  the  people  to  authorize  such  issue,  and  they 
shall  be  paid,  and  the  levy  made  and  tax  collected  for  their  payment  in 
accordance  with  laws  now  governing  the  said  bonds  heretofore  issued. 

Sec.  23. — (11340) — High  school  redemption  bonds. — That  any  school 
district  in  any  city  of  the  first  class  in  this  state  be  and  is  hereby  authorized 
and  empowered  to  issue  its  coupon  bonds  of  such  demoninations  as  the  board 
of  education  of  such  school  district  may  deem  best,  and  in  an  amount  equal 
to  the  amount  'outstanding  and  unpaid  of  bonds  bearing  interest  at  the  rate 
of  ten  per  cent  per  annum,  heretofore  issued  for  the  purpose  of  erecting  a 
high  school  building  by  such  school  district,  or  by  any  school  organization  or 
board  of  regents  which  shall  have  been  superseded  by  such  school  district. 

Sec.  24. — (11341) — Condition — Description. — Any  bonds  issued  under 
the  provisions  of  this  act  shall  be  for  the  payment,  by  the  school  district 
issuing  the  same,  of  the  sum  specified  therein,  made  payable  in  the  city  of 
New  York,  in  not  more  than  twenty  years  nor  less  than  five  years  from  the 
time  they  are  issued,  with  interest  at  a  rate  not  exceeding  seven  per  cent  per 
annum,  payable  semi-annually;  said  bonds  and  coupons  shall  be  required 
[signed]  by  the  president  of  the  board  of  education  and  countersigned  by  its 
secretary;  Provided,  That  such  bonds  may  be  made  redeemable  at  any  time 
after  five  years,  at  the  option  of  the  board  of  education 

Sec.  25. — (11342) — Disposition. — it  shall  be  the  duty  of  the  board  of 
education  of  any  school  district  issuing  bonds  under  the  provisions  of  this  act, 
to  negotiate  such  bonds,  but  for  no  less  than  the  par  value  thereof,  and  all 
the  proceeds  arising  from  the  sale  thereof  shall  be  paid  to  the  treasurer  of 
the  board  of  education,  and  shall  be  applied  solely  to  the  redemption  and 
purchase  of  the  bonds  heretofore  issued  by  such  school  district,  or  school 
organization  superseded  by  it,  for  the  purpose  of  erecting  a  high  school  build- 
ing, and  bearing  interest  at  the  rate  of  ten  per  cent  per  annum;  Provided, 
That  none  of  the  said  bonds  heretofore  issued  shall  be  redeemed  or  purchased 
for  more  than  the  face  value  thereof. 

Sec.  26. — (11343) — Issuance. — The  bonds  issued  under  the  provisions  of 
this  act  shall  not  require  a  vote  of  the  people  to  authorize  their  issue,  and  they 
shall  be  paid,  and  taxes  shall  be  levied  and  collected  for  their  payment  in 


106  NEBRASKA  SCHOOL  LAWS  [Subdiv.   15 

the  same  manner  as  is  now  provided  by  law  for  the  payment  of- bonds,  here- 
tofore issued  by  such  school  districts. 

Sec.  27. — (11238) — Compromising  indebtedness. — That  any  county,  pre- 
cinct, township,,  or  town,  city,  village,  or  school  district  is  hereby  authorized 
and  empowered  to  compromise  its  indebtedness  in  the  manner  hereinafter 
provided. 

Sec.  28. — (11239) — Negotiations. — Whenever  the  county  commissioners 
of  any  county,  the  city  council  of  any  city,  the  board  of  trustees  of  any  village, 
or  school  board  of  any  school  district  shall  be  satisfied  by  petitions  or  other- 
wise that  any  such  county,  precinct,  township,  or  town,  city,  village,  or 
school  district  is  unable  to  pay  in  full  its  Indebtedness,  and  two-thirds  (2-3) 
of  the  resident  taxpayers  of  such  county,  precinct,  township,  or  town,  city, 
village,  or  school  district  shall  by  petition  ask  that  such-  county,  precinct, 
township,  town,  city,  or  village,  or  school  district,  compromise  such  indebted- 
ness, they  are  hereby  empowered  to  enter  into  negotiations  with  the  holder 
or  holders  of  any  such  indebtedness  of  whatever  form,  scaling,  discounting, 
or  compromising  the  same. 

Sec.  29. — (11240) — Payment. — Whenever  satisfactory  arrangements  are 
made  with  the  owner  or  owners,  holder  or  holders,  or  any  of  them,  of  such 
indebtedness,  for  the  payment  of  the  same,  the  county  commissioners  or 
supervisors,  for  and  on  behalf  of  any  such  county,  precinct,  township  or 
town,  or  the  city  council  of  any  such  city,  or  the  board  of  trustees  of  any  such 
village,  or  the  school  board  of  any  such  school  district,  upon  petition  of  two- 
thirds  of  the  resident  freeholders  of  such  county,  precinct,  township  or  town, 
village  or  school  district  shall  have  the  authority,  and  they  are  hereby  re- 
quired to  issue  the  coupon  bonds  of  such  county,  precinct,  township  and  town, 
city,  village,  or  school  district,  and  after  registration  to  deliver  the  same  to  the 
owner  or  owners,  holder  or  holders  of  such  indebtedness,  in  satisfaction  of 
the  same,  not  exceeding  the  amount  of  the  original  indebtedness. 

Sec.  30. — (11241) — Record. — Before  issuing  bonds  under  the  provisions 
of  this  act,  the  board  issuing  the  same  shall  by  resolution  enter  upon  its 
records  recite  the  number  and  denomination  of  the  bonds  to  be  issued,  the 
rate  of  interest,  and  to  whom  and  when  payable.  Such  bonds  shall  be  payable 
in  not  more  than  twenty  (20)  years  from  the  date  of  their  issue,  or  at  any  time 
before  maturity,  at  the  option  of  the  board  issuing  the  same.  They  shall 
bear  interest  at  a  rate  not  exceeding  six  per  cent*per  annum,  and  not  exceed- 
ing the  rate  of  the  indebtedness  compromised,  with  interest  coupons  attached, 
payable  annually  or  -semi-annually,  as  provided  in  said  bonds,  and  said 
board  shall  levy  a  tax  on  all  the  taxable  property  in  such  county,  precinct, 
township  or  town,  city,  village,  or  school  district  in  addition  to  other  taxes, 
to  pay  the  interest  and  principal  of  said  bonds  as  the  same  shall  mature. 

Sec.  31. — (11242) — Record  of  proceedings. — Every  board  issuing  bonds 
under  the  provisions  of  this  act  shall  keep  a  complete  record  of  all  the  trans- 
actions connected  therewith. 

*Act  held  not  to  empower  a  school  district  to  issue  its  bonds  and  deliver  them  to  par- 
ties in  compromise,  or  to  take  the  place,  of  an  indebtedness  evidenced  by  school  district  war- 
rants. (45  Neb.,  13.) 

*Applies  to  sections  29-31,  inclusive. 


Subdiv.   16]  COMPULSORY  EDUCATION  107 

Sec.  32.— (11243)— Detaching  coupons.— That  whenever  a  bond  of  any 
county,  city,  town,  township,  precinct,  village,  school  district,  or  other  muni- 
cipality, shall  be  presented  to  the  auditor  of  public  accounts  for  registration, 
the  auditor  shall  examine  the  interest  coupons  thereto  attached,  and  shall 
detach  as  many  of  them  as  shall  mature  before  the  first  taxes  levied  to  meet 
the  same  shall  become  due  and  collectible,  and  stamp  said  coupons  "Detached 
by  the  Auditor  of  Public  Accounts,"  and  send  to  the  treasurer  of  the  county 
from  which  said  coupons  were  issued. 


SUBDIVISION  XVI.— COMPULSORY  EDUCATION. 

Section  1. — (11819) — Compulsory  attendance  at  public,  private,  or 
parochial  school — Exemption. — In  school  districts  other  than  city  and 
metropolitan  city  school  districts  every  person  having  legal  or  actual  charge 
or  control  of  any  child  or  children  or  youth  not  less  than  seven  nor  more  than 
fifteen  years  of  age,  shall,  during  each  school  year  between  the  second  Monday 
of  July  and  the  last  Monday  of  June  following,  cause  such  child  or  children 
or  youth  to  attend  the  public  day  schools  for  a  period  of  not  less  than  twelve 
weeks,  and  if  the  public  day  school  of  the  school  district  in  which  said  person 
or  persons  having  charge  or  control  of  such  child  or  children  or  youth  may 
reside  shall  be  in  session  during  the  school  year  between  the  second  Monday 
of  July  and  the  last  Monday  of  June  following  more  than  twelve  weeks,  then 
the  person  having  legal  control  of  such  child  or  children  or  youth  shall  cause 
each  of  them  to  attend  public  day  school  not  less  than  two-thirds  of  the  entire 
time  that  said  school  shall  be  in  session  during  the  school  year  as  aforesaid; 
and  in  no  case  shall  such  attendance  be  for  a  less  period  than  twelve  weeks. 
In  city  and  metropolitan  city  school  districts  every  person  residing  within 
such  school  district  who  has  legal  or  actual  charge  or  control  of  any  child  or 
children  or  youth  not  less  than  seven  nor  more  than  sixteen  years  of  age 
shall  cause  such  child  or  children  or  youth  to  attend  the  public  day  school  for 
the  full  period  each  school  year  in  which  the  public  day  schools  of  such  dis- 
trict are  in  session.  The  portion  of  this  act  requiring  attendance  in  public 
day  school  shall  not  apply  in  any  case  where  the  child  or  youth  is,  for  a  time 
equal  to  that  required  by  this  act,  instructed  in  some  private  or  parochial 
school;  or  in  any  case  where  the  child  is  instructed  at  home  or  elsewhere  by  a 
person  qualified  to  give  instruction  in  the  studies  required  to  be  taught  in  the 
public  schools;  or  in  any  case  where  the  child  or  youth,  being  of  the  age  of 
fourteen  years,  is  legally  and  regularly  employed  for  his  own  support  or  the 
support  of  those  actually  dependent  upon  him;  or  in  any  case  where  the  child 
or  youth  is^physically  or  mentally  incapacitated  for  the  work  done  in  the 
schools,  or  in  any  case  where  the  child  or  youth  lives  more  than  two  miles 
from  the  school  by  the  nearest  practicable  traveled  road  unless  free  trans- 
portation to  and  from  such  school  is  furnished  to  such  child  or  youth.  In  case 
exemption  is  claimed  on  account  of  mental  or  physical  incapacity,  the  school 


108  NEBRASKA  SCHOOL  LAWS  [Subdiv.   16 

authorities  shall  have  the  right  to  employ  a  physician  or  physicians  who 
shall  have  authority  to  examine  such  child  or  youth,  and  if  such  physician 
or  physicians  shall  declare  that  such  child  or  youth  is  capable  of  undertaking 
the  work  of  the  schools,  then  such  child  or  youth  shall  not  be  exempt  from 
the  requirements  of  this  act.  In  case  exemption  is  claimed  and  granted  on 
account  of  a  child  or  youth  of  the  age  of  fourteen  years  being  legally  and 
regularly  employed  for  his  own  support  or  the  support  of  those  dependent 
upon  him,  such  child  or  youth  may,  in  the  discretion  of  those  charged  with 
[the]  enforcement  of  this  act,  be  required  to  attend  a  public  evening  school 
or  some  other  suitable  school  for  not  less  than  two  hours  each  school  day  and 
not  less  than  three  days  each  week  for  a  school  year  of  not  less  than  twenty 
weeks.  All  persons  of  from  seven  to  eighteen  years  of  age,  who  are  residents 
of  this  staie,  and  who  by  reason  of  partial  or  total  blindness  or  deafness  are 
unable  to  obtain  an  education  in  the  public  schools  of  this  state,  shall  under 
the  provisions  of  this  act,  be  required  to  attend  the  Institute  for  the  Blind  or 
the  School  for  the  Deaf,  unless  said  persons  are  being  privately  or  otherwise 
educated  as  in  this  act  prescribed,  or  unless  under  the  provisions  of  chapter 
22,  Compiled  Statutes  of  Nebraska  for  1905,  they  are  not  subjects  for  admis- 
sion to  the  Deaf  and  Dumb  and  Blind  Institute  of  the  state  of  Nebraska. 
In  case  exemption  is  claimed  on  account  of  attendance  at  a  private  or  paro- 
chial school,  as  provided  in  this  act,  or  on  account  of  attendance  upon  suit- 
able instruction  elsewhere  given,  as  provided  in  this  act,  the  authorities  of 
the  private  or  parochial  school  so  attended,  or  the  person  or  persons  giving 
elsewhere  such  instruction,  shall  keep  a  record  showing  the  names  and  ages 
of  all  children  enrolled,  the  number  of  the  school  district  and  the  county  of 
their  residence,  the  number  of  days  such  child  or  children  claiming  exemp- 
tion were  members  of  such  school  or  attendants  upon  such  instruction,  the 
days  on  which  such  pupils  were  present  and  the  days  on  which  they  were 
absent,  and  the  authorities  of  such  private  or  parochial  school,  or  the  person 
giving  elsewhere  such  instruction,  as  well  as  the  authorities  of  all  public 
schools  shall  furnish  at  the  end  of  each  month  of  school  a  report  to  the  county 
superintendent  of  schools,  and  a  duplicate  of  said  report  to  the  director  or 
secretary  of  the  school  district  in  which  such  child  or  children  reside,  on 
blanks  to  be  furnished  or  prescribed  by  the  state  superintendent  of  public 
instruction,  which  report  shall  cover  said  items  of  record  as  above,  except 
that  in  school  districts  organized  under  the  provisions  of  subdivision  14, 
14a,  or  17,  chapter  79,  Compiled  Statutes  of  Nebraska  for  1905,  such  report 
shall  be  made  to  the  superintendent  of  the  city  schools  of  such  district.  It 
is  hereby  made  the  duty  of  such  county  or  city  superintendent,  upon  the 
receipt  of  the  report  for  the  first  month  of  school  in  said  district,  and  each 
two  weeks  thereafter,  to  compare  such  reports  with  the  last  census  report  on 
file  in  his  office  from  such  district,  and  prepare  a  list  of  all  children  or  youth 
resident  in  such  district  who  are  not  receiving  instruction  as  in  this  act  pro- 
vided, and  to  transmit  said  list  to  the  officer  or  officers  in  such  district  whose 
duty  it  is  to  enforce  the  provisions  of  this  act. 

Sec.  2. — (11820) — Truant  Officers'  duties— Violation  of  act. — Boards  of 
education  in  cities,   villages,  and  mertopolitan  cities  shall  appoint  one  Or 


Subdiv.   16]  COMPULSORY  EDUCATION  109 

more  truant  officers,  who  shall  qualify  as  police  officers;  shall  enforce  the 
provisions  of  this  law  in  the  wards  or  districts  for  which  they  severally  act; 
shall  have  authority  to  apprehend  and  take  to  his  home  or  to  some  public, 
private,  or  parochial  school  any  child 'found  in  violation  of  this  act,  and  shall 
be  compensated  for  his  or  their  services  in  such  sums  as  shall  be  determined 
by  the  board  of  education,  to  be  paid  out  of  the  general  school  fund  of  the 
city  or  village.  In  all  school  districts  in  this  state  any  superintendent, 
principal,  teacher,  or  member  of  the  board  of  education,  who  shall  know  of 
any  violation  of  this  act  on  the  part  of  any  child  or  children  of  school  age, 
their  parents,  or  persons  in  actual  or  legal  control  of  such  children,  or  any 
other  person,  shall,  31  soon  as  possible,  report  such  violation  to  the  superin- 
tendent of  public  instruction  of  the  county,  who  shall  immediately  investi- 
gate the  case  and,  if  necessary,  give  written  notice  to  the  person  or  persons 
violating  this  act  warning  him  or  them  to  comply  with  its  provisions;  and, 
if  in  one  week  from  the  time  such  notices  are  given,  such  person  or  persons 
are  still  living  in  violation  of  this  act,  then  such  county  superintendent  shall 
file  a  complaint  against  such  person  or  persons  before  the  county  judge  of 
the  county  charging  such  persons  with  violation  of  the  provisions  of  this  act; 
Provided,  That  if  such  violation  occurred  within  any  city  such  superinten- 
dent may,  in  his  discretion,  file  such  complaint  before  the  police  judge  of 
such  city. 

Sec.  2a. — Any  person  or  persons  violating  any  provisions  of  this  act 
shall  be  deemed  guilty  of  a  misdemeanor  and,  upon  conviction  thereof,  shall 
pay  a  fine  of  not  less  than  five  ($5.00)  dollars  nor  more  than  twenty-five 
($25.00)  dollars.  [Amended  1909.] 

Sec.  3. — (11821) — Special  schools. — That  boards  of  education  in  cities 
may,  in  their  discretion,  establish  and  conduct  special  schools  for  the  instruc- 
tion of  children  who  cannot  profitably  or  properly  be  cared  for  in  the  usual 
schools.  Any  child  of  school  age  who  is  habitually  truant  or  incorrigible,  or 
whose  conduct  and  habits  are  such  that  he  cannot  with  profit  to  himself  or 
in  justice  to  the  other  members  of  the  school  be  retained  and  instructed  in 
the  usual  schools,  may  upon  complaint  of  the  person  having  legal  or  actual 
control  of  such  child,  or  upon  complaint  of  the  principal  or  head  of  the  school 
where  such  child  is  attending,  or  on  complaint  of  the  truant  officer  be  required 
by  the  superintendent  of  the  city  schools  to  attend  a  special  school  as  pro- 
vided for  in  this  section,  until  such  time  as  the  child's  habits  and  conduct 
become  such  as  to  make  it  advisable  and  proper  for  him  to  be  received  again 
into  the  usual  school,  These  special  schools  shall  be  taught  in  such  localities 
as  may  be  considered  proper  and  suitable  by  the  board  of  education;  they 
shall  give  instruction  in  the  branches  required  by  law  to  be  taught  in  the 
common  schools;  they  shall  be  as  good  in  conveniences,  equipment,  and  con- 
dition of  health  as  the  usual  schools  of  the  city  where  they  are  situated  and 
they  shall  be  taught  by  teachers  specially  fitted  by  nature  and  experience  to 
control  and  instruct  wisely  and  successfully  the  special  class  of  children  to  be 
educated  therein. 

Sec.  4. — (11822) — Enumerators,  duties  of. — That  in  order  that  the  pro- 
visions of  this  act  may  be  the  better  enforced  it  is  hereby  orderedjthat  all 


110  NEBRASKA  SCHOOL  LAWS  [Subdiv.   18 

enumerators  of  persons  of  school  age,  in  taking  the  annual  school  census,  shall 
ascertain  and  record  the  place  and  date  of  birth  of  each  child  enumerated, 
together  with  the  school  or  schools  attended,  or  the  place  or  places  in  which, 
or  the  person  or  persons  by  whom  such  child  was  instructed  during  the  pre- 
ceding school  year,  and  the  person  having  control  of  such  child  shall  take 
oath  or  affirmation  that  such  record  is  true.  The  enumerator  is  hereby 
empowered  to  administer  such  oath  or  affirmation.  Any  person  who  shall 
refuse  to  take  such  oath  or  affirmation,  or  who  shall  with  intent  to  evade  any 
of  the  provisions  of  this  act,  wilfully  make  false  statement  concerning  any 
child  or  children  under  his  control  and  subject  to  the  provisions  of  this  act, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction,  shall  be  pun- 
ished by  a  fine  of  not  less  than  one  dollar  and  not  more  than  ten  dollars. 


SUBDIVISION  XVIII.— TEXT  BOOKS  AND  SUPPLIES. 

Section  1. — (11826) — Purchase  of  books  by  board. — District  school 
boards  and  boards  of  trustees  of  high  school  districts,  and  boards  of  educa- 
tion in  cities  of  the  first  and  second  class,  and  in  cities  of  the  metropolitan 
class,  are  hereby  empowered  and  it  is  made  their  duty  to  purchase  all  text- 
books necessary  for  the  schools  of  such  district,  and  they  are  further  author- 
ized to  enter  into  contract  as  hereinafter  provided  with  the  publishers  of 
such  books  for  a  term  of  years,  not  to  exceed  five  (5);  Provided,  That  the 
contract  prices  of  such  books  shall  not  exceed  the  lowest  price  then  granted 
to  any  dealer,  state,  county,  township,  school  district,  or  other  individual 
or  corporation  in  the  United  States  to  be  determined  as  hereinafter  provided; 
And  Provided  further,  That  such  contract  shall  guarantee  to  such  districts 
any  further  reduction  that  may  be  granted  elsewhere  during  the  life  of  such 
contract. 

The  text  book  law  does  not  require  the  district  boards  to  enter  into  contract  for  a  term 
of  years  with  the  publishers.  It  is  left  entirely  to  the  boards'  discretion,  but  no  such  con- 
tract can  be  legally  made  for  a  term  of  years  under  the  provisions  of  this  act  until  the  proper 
*bond  is  filed  by  the  publishers. 

Subdiyisi9n  18  of  the  School  Laws  is  mandatory,  and  it  is  not  within  the  authority  of 
the  annual  district  meeting  to  vote  not  to  furnish  text-books;  and  under  this  law  any  patron 
of  the  district,  by  the  proper  legal  proceedings,  could  compel  the  district  board  to  furnish  his 
children,  pupils  in  the  school,  the  necessary  text  books,  notwithstanding  any  action  or  failure 
to  act  on  the  part  of  the  meeting  district.  891116  patron  of  the  district  should  apply  to  the 
district  court  on  behalf  of  the  district  for  a  writ  of  mandamus  to  compel  the  board  to  furnish 
to  the  children  of  the  district  the  necessary  text-books.  See  the  case  of  Ambrose  Affholder 
et  al.  vs.  State  of  Nebraska,  ex  rel.  Peter  McMullen,  51  Neb.,  91.  In  this  case,  in  the  district 
court  of  Burt  county,  Peter  McMullen  made  application  for  a  peremptory  writ  of  mandamus 
to  compel  Ambrose  Affholder  and  others  constituting  the  school  board  of  district  No.  58  of 
said  county  to  purchase  and  furnish  to  the  children  of  school  age  of  said  district  the  necessary 
text-books  in  accordance  with  the  free  text-book  law.  An  alternative  writ  was  issued,  and 
for  a  return  thereto  the.  school  board  interposed  the  defense  that  said  act  was  unconstitu- 
tional. The  writ  was  issued  as  prayed,  and  the  school  board  appealed  the  case  to  the  supreme 
court.  The  supreme  court  sustained  the  district  court.  A  writ  of  mandamus  will  not  issue 
where  it  is  not  within  the  power  of  the  respondent  lawfully  to  comply,  or  where  it  would  other- 
wise be  unavailing.  46  Neb.,  857. 

Sec.  2. — (11827) — Bonds  of  publisher. — Before  any  publisher  of  school 
books  shall  be  permitted  to  enter  into  contract  with  any  school  district  under 


Subdiv.   18]  TEXT-BOOKS  AND  SUPPLIES  111 

the  provisions  of  this  act,  he  shall  file  with  the  state  superintendent  of  public 
instruction,  to  be  approved  by  him,  a  good  and  sufficient  bond  in  the  sum  of 
two  thousand  ($2,000)  to  twenty  thousand  ($20,000)  dollars  for  the  faithful 
performance  of  the  conditions  of  such  contracts,  and  the  observance  of  the 
requirements  of  this  act;  and  such  publisher  shall  also  file  with  the  state 
superintendent  of  public  instruction  a  sworn  statement  of  the  lowest  prices 
for  which  his  series  of  text-books  are  sold  anywhere  in  the  United  States; 
and  a  failure  to  file  such  bond  and  sworn  statement  of  prices  shall  be  a  good 
and  valid  defense  on  the  part  of  the  district  against  payment  for  any  books 
that  may  be  sold  by  such  publisher  prior  to  the  date  of  filing  such  bond  and 
sworn  statement  of  prices;  and  all  such  contracts  to  which  such  publisher  is  a 
party  made  subsequent  to  the  passage  of  this  act  and  prior  to  filing  such  bond 
and  sworn  statement  of  prices  shall  be  null  and  void. 

Sec.  3. — (11828) — Payment  for  books. — For  the  purpose  of  paying  for 
school  books,  the  school  district  officers  may  draw  an  order  on  the  county  or 
township  treasurer  for  the  amount  of  school  books  ordered. 

By  decision  of  the  attorney  general  the  provisions  of  this  section  authorizing  the  dis- 
trict board  to  "draw  an  order  on  the  county  or  township  treasurer,"  in  payment  of  bills  for 
books  being  inconsistent  with  another  statute  is  inoperative.  Such  order  must  be  drawn  on 
the  district  treasurer.  See  19  Neb.,  564. 

Sec^  4. — (11829) — Same. — The  county  or  township  treasurer  shall  pay 
orders,  drawn  by  school  district  officers,  for  the  purchase  of  school  books,  out 
of  any  funds  in  his  hands  belonging  to  the  district,  except  the  money  received 
from  that  derived  from  teachers'  funds. 

Text-books  may  be  paid  for  out  of  any  funds  on  hand  belonging  to  the  general  fund, 
to  the  incidental  fund,  or  to  a  fund  especially  provided  for  this  purpose. 

Sec.  5. — (11830) — School  book  trusts. — Any  contract  entered  into  under 
the  provisions  of  this  act  with  any  publisher  who  shall  hereafter  become  a 
party  to  any  combination  or  trust  for  the  purpose  of  raising  the  price  of 
school  text-books  shall,  at  the  wish  of  the  school  board  of  the  district  using 
such  books,  become  null  and  void. 

Sec.  6. — (11831) — Price  lists. — The  state  superintendent  of  public 
instruction  shall,  within  thirty  (30)  days  after  the  filing  of  the  hereinbefore 
mentioned  sworn  statement  of  prices  of  text-books,  have  the  same  printed 
and  forward  a  sufficient  number  of  certified  copies  of  the  same  to  each  of  the 
county  superintendents  of  the  state  to  furnish  all  the  school  districts  of  such 
county  with  one  copy  of  each;  and  the  county  superintendent  shall,  immedi- 
ately after  receiving  said  certified  copies  of  prices  of  books,  send  or  deliver 
one  of  such  certified  copies  to  the  director  or  secretary  of  each  school  district 
or  board  of  education  in  such  county,  to  be  filed  as  a  part  of  the  records  of 
such  district;  and  he  shall  also  file  one  of  said  certified  copies  of  prices  in  his 
office  as  a  part  of  the  records  of  said  office. 

gec>  7. — (H832) — Contract,  form  of. — It  shall  be  the  duty  of  the  state 
superintendent  of  public  instruction  to  prepare  and  have  printed  a  form  of 
contract  between  district  boards  and  publishers  of  school  books,  and  to  fur- 
nish the  same,  through  the  county  superintendent,  to  the  several  district 
boards  of  the  state;  and  no  other  form  of  contract  shall  be  used  by  such  dis- 
trict boards  and  publishers  in  carrying  out  the  provisions  of  this  act. 


112  NEBRASKA  SCHOOL  LAWS  [Subdiv.   18 

Sec.  8. — (11833) — Violation  of  contract. — Upon  the  filing  of  a  written 
complaint  with  the  state  superintendent  of  public  instruction  by  the  officers 
of  any  district  board,  charging  any  publisher  with  violating  the  conditions  of 
such  contract  as  hereinbefore  mentioned,  the  attorney  general  is  hereby 
instructed,  and  it  shall  be  his  duty,  to  investigate  the  same,  and  if  he  finds 
probable  cause  for  action  he  shall  immediately  begin  proceedings  in  the 
name  of  the  state  to  enforce  the  liability  on  the  bond  hereinbefore  mentioned. 

Sec.  9. — (11834) — Property  in  books. — All  books  purchased  by  district 
boards,  as  hereinbefore  mentioned,  shall  be  held  as  the  property  of  the  dis- 
trict, and  loaned  to  pupils  of  the  school  while  pursuing  a  source  of  study 
therein  free  of  charge;  but  the  district  boards  shall  hold  such  pupils  respon- 
sible for  any  damage  to,  loss  of,  or  failure  to  return  such  books  at  the  time 
and  to  the  person  that  may  be  designated  by  the  board  of  such  district. 

The  law  provides  that  text  books  shall  be  loaned  to  pupils  while  pursuing  a  course  of 
study  in  the  schools.  It  is  the  duty  of  the  board  of  education  to  place  books  at  the  disposal 
of  pupils  who  need  to  study  in  the  evenings.  If,  however,  in  the  judgment  of  the  teacher  and 
the  board,  pupils  of  certain  classes  cannot  study  profitably  outside  of  school  hours,  it  is  proper 
to  place  reasonable  restrictions  upon  the  use  of  books  at  home  by  such  pupils  or  classes.  It 
is  not  within  the  authority  of  the  school  board  to  loan  text  books,  which  are  the  property  of 
the  district,  to  be  used  in  schools  held  outside  the  district. 

Sec.  10. — (11835) — Supplies. — The  provisions  of  this  act  shall  include 
all  school  supplies;  Provided,  That  nothing  in  this  act  shall  be  construed  to 
prohibit  any  pupil  or  parent  from  purchasing  from  the  board  such  books  as 
may  be  necessary,  at  cost  to  the  district;  Provided  further,  That  the  board 
may  designate  some  local  dealer  to  handle  books  for  the  district,  with  such 
an  increase,  above  contract  price,  to  pay  cost  of  transportation  and  handling, 
as  may  be  agreed  upon  between  said  board  and  said  dealer. 

In  passing  upon  the  constitutionality  of  the  free  text-book  law,  in  discussing  the  word 
"supplies"  the  following  language  is  used  by  the  judge  rendering  the  decision:  "We  do  not 
think  the  term  'text-book'  should  be  given  a  technical  meaning,  but  that  it  is  comprehensive 


enough  and  does  include  globes,  maps,  charts,  pens,  ink,  paper,  etc.,  and  all  other  appar- 
atus and  appliances  which  are  proper  to  be  used  in  the  school  in  instructing  the  youth,  and  we 
conclude,  therefore,  that  the  act  under  consideration  is  not  broader  than  its  title,  and  that  the 


term  'school  supplies'  found  in  the  tenth  section  of  this  act  is  not  foreign  to  the  term  'text 
books'  found  in  the  title  of  the  act,  but  is  germane  to  and  comprehended  and  included  within 
the  term  'text  books.'  " 

SCHOOL  LIBRARIES. 

Sec  .11  (11596) — The  school  board  or  school  trustees  of  every  school  dis- 
trict within  this  state  may  at  its  discretion  set  aside  annually  from  the  general 
funds  collected  for  the  use  of  the  district  the  sum  of  ten  cents  per  pupil  as 
shown  by  the  total  number  of  pupils  within  the  school  district  at  the  last 
annual  census.  Said  amount  so  set  aside  shall  be  known  as  the  district 
library  fund,  and  shall  be  by  the  school  board  or  school  trustees  of  such  dis- 
trict annually  invested  in  books  other  than  the  regular  text  books,  which 
books  so  provided,  shall  be  suitable  for  the  district  school  library. 

Sec.  12. — Care. — Said  school  boards  or  school  trustees  shall  provide  for 
the  care  of  such  library  at  the  schoolhouse  and  shall  prescribe  the  rules  and 
regulations  under  which  it  shall  be  used  by  the  district. 

Sec.  13. — Exemptions. — Provided,  That  by  direction  of  the  school 
board  or  board  of  trustees  of  any  school  district  in  which  a  free  public  library 
is  maintained  and  to  the  support  and  extension  of  which  a  sum  not  less  than 
three  hundred  ($300)  dollars  is  expended  annually,  this  law  shall  be  inopera- 
tive. 


SCHOOL  LIBRARIES 


113 


RECOMMENDED  LIST  FOR  1911-1912. 
Primary— Grades  1,  2,  3. 


Author  Publisher 

Bryce Fables  from  Afar Newson 

(Tales  from  the  East,  West, 
North,  and  South,  illus- 
trated in  colors.) 

Carroll Alice  in  Wonderland Rand 

(One  of  the  juvenile  classics 
that  should  be  read  by  every 
child.) 

Gates Sunshine  Annie Bobbs 

(The  little  girls  will  like  the 
dolls  that  figure  in  this  story) 

Grover Art  Literature,  Book  II Atkinson 

(Reproductions  of  famous 
paintings  and  stories  about 
them.) 

Young  .  .....  .Somebody's  Little  Girl Hinds 

(A  delightful  story  of  how  a 
little  girl  in  an  orphanage 
found  her  own  mother.) 


Uni.  Pub.  Co. 
List     Net  Price 

Lincoln 
$0.45         $0.40 


.30 


1.25 


.40 


.50 


.27 


.95 


.35 


.45 


Andrews.  . 


Hall. 


Hill... 


McCarter  .  . 


McDonald- 
Dalrymple 


Pumphrey , 
Richards . . 


Intermediate — Grades  4,  5,  6. 

.  Each  and  All Ginn  .50  .45 

(A  story  of  the  home  life  of 

little  girls  in  different  coun- 
tries.) 
.  Men  of  Old  Greece Little  .60  .55 

(Stories  of  Greek  heroes  told 

in  a  way  to  be   appreciated 

by  children.) 
.Lessons  for  Junior  Citizens  . .  .  .Ginn  .50  .45 

(Studies  in  good  government, 

well  illustrated  by  pictures 

and  anecdotes.) 
.  Cuddy's  Baby Crane  .50  .40 

(Tells  of  the  struggles  of  a 

Kansas  boy  in  obtaining  a 

college  education.) 

Betty  in  Canada Little  .60  .50 

(A  well  printed  and  illustrat- 
ed geographical  story  of  life 
in  Canada.) 

Pilgrim  Stories Rand  .45  .40 

(A  collection  of  stories  about 
the  pilgrims.  Well  illustrated) 

Golden  Windows Little  1.00  .95 

(Forty-four  fables,  simply 
written  and  exquisitely  con- 
ceived, with  a  golden  moral 
attached  to  each.) 


114  NEBRASKA  SCHOOL  LAWS 

RECOMMENDED  LIST  FOR  1911-1912— Continued. 

Intermediate — Grades  4,  5,  6 — Continued.  Uni.  Pub.  Co. 

List    Net  Price 
Author  Publisher  Lincoln 

Rocheleau Great  American  Industries — 

Transportation Flanagan  .60 

(Tells  of  methods  of  travel 
and  transportation  from  the 
most  primitive  up  to  those 
used  at  the  present  time.) 
Spaulding- 

Bryce New  Friends  in  Story  Land  ....  Newson  .60  .55 

(Collection  of  stories  well  il- 
lustrated.) 

Tappan Robin  Hood:     His  Book Little  1.50  1.15 

(These  ballads  of  Robin  Hood 
picture  the  free  and  sturdy 
yeoman,  the  hero  of  the  peo- 
ple.) 

Grammar — Grades  7,  8. 

Barbe Famous  Poems  Explained Hinds  1.00  .85 

(An  aid  to  the  understanding 
ing  and  appreciation  of  many 
of  the  classic  poems  found  in 
the  school  readers.) 

Carpenter How  the  World  is  Housed American  .60  .60 

(In  the  book  the  children 
travel  over  the  globe  and  find 
out  for  themselves  where  the 
material  in  their  homes  comes 
from.) 

George Junior  Republic Appleton          1.50 

(A  history  of  the  famous 
junior  republic  by  the 
founder.) 

Harding Story  of  England Scott  .60  .55 

(A  well  written  and  interest- 
ing story  of  the  English  peo- 
ple.) 

Hart How  Our  Grandfathers  Lived  .  .  Macmillan         .60  .55 

(Extracts  from  the  sources 
modernized  for  children,  tell- 
ing how  our  ancestors  lived.) 

Montgomery.  .  .Anne  of  Avonlea Page  1.50  1.15 

(Sequel  to  Anne  of  Green 
Gables.) 

Richards Florence  Nightingale Appleton          1.25 

(The  life  story  of  the  greatest 
of  army  nurses.) 

Ritchie Primer  of  Sanitation World  .60  .50 

(Deals  with  the  preventable 
diseases,  and  is  told  in  a  way 
that  a  child  can  comprehend.) 

Holt-Wheeler. .  .Boy  with  the  U.  S.  Survey Lothrop  1.50  1.15 

(A  boy's  interesting  experi- 
ence in  the  U.  S.  Survey  ser- 
vice.) 

Wheelock Wagner's  Operas Bobbs  1.25  .95 

*Not  carried  in  stock.     $1.30  postpaid,  Uni.  Pub.  Co. 
**Not  carried  in  stock.     $1.10  postpaid,  Uni.  Pub.  Co. 


LIBRARY  COMMISSION  115 

PUBLIC  LIBRARY  COMMISSION. 

This  act  creates  a  public  library  commission,  defines  its  duties,  and 
establishes  traveling  libraries.  The  governor  is  to  appoint  one  person  for  a 
term  of  five  years  who,  with  the  state  librarian,  the  superintendent  of  public 
instruction,  the  chancellor  and  the  librarian  of  the  University  of  Nebraska, 
shall  constitute  the  commission. 


STATE  BOARD  OF  CHARITIES  AND  CORRECTIONS. 

This  act  establishes  a  state  board  of  charities  and  corrections  and  defines 
its  duties  and  powers.  The  governor  of  the  state,  the  commissioner  of  public 
lands  and  buildings,  and  the  state  superintendent  of  public  instruction  con- 
stitute the  board.  The  board  shall  appoint  four  persons  as  advisory  secre- 
taries to  co-operate  with  and  assist  them,  not  more  than  two  of  whom  shall 
belong  to  the  same  political  party.  It  is  the  duty  of  the  board  to  inquire 
into  the  whole  system  of  public  charities  and  the  methods  of  and  practices  in 
the  correctional  institutions  in  the  state  and  counties,  and  to  ascertain  the 
condition  thereof  from  time  to  time  by  inspection  or  otherwise,  especially 
of  prisons,  jails,  infirmaries,  public  hospitals,  asylums,  reformatories  and 
industrial  schools,  etc.,  etc. 


EDUCATION  OF  PAUPER  CHILDREN. 

Sec.  [9773].^That  where  children  of  school  age  and  of  sound  mind  shall 
be  confined  in  any  poor  house  of  this  state  it  shall  be  the  duty  of  the  county 
board,  where  the  same  can  be  done,  to  make  arrangements  with  the  officers 
of  the  school  district  wherein  said  poor  house  is  located,  or  with  some  school 
district  adjacent,  to  have  the  children  so  chargeable  to  the  county  attend 
school  at  such  time  and  place,  and  to  have  and  receive  such  text-books  and 
instruction  as  shall  be  provided  for  other  children  ^attending  in  said  school 
district  or  districts. 

Sec.  [9774]. — Tuition. — It  shall  be  the  duty  of  the  county  board  upon 
the  report  of  the  officers  of  the  school  district  wherein  arrangements  have 
been  made  for  the  education  of  the  children  confined  in  the  poor  house,  to 
draw  a  warrant  on  the  general  fund  of  the  county,  payable  to  the  treasurer 
of  the  said  school  district;  Provided,  however,  The  county  shall  not  be  liable 
for  more  than  its  proportionate  share  of  the  expenses  for  text-books,  fuel, 
and  teachers'  wages. 


FISH  AND  GAME  COMMISSION. 

This  is  an  act  to  protect  fish,  and  game,  song,  insectivorous  and  other 
birds  within  the  state  of  Nebraska;  to  provide  penalties  for  the  violation 
thereof;  and  to  create  a  fish  and  game  commission,  and  to  define  its  powers 
and  duties. 


116  NEBRASKA  SCHOOL  LAWS 

FIRE  DAY  AND  ITS  OBSERVANCE. 

Section  1. — That  for  the  purpose  of  creating  a  public  sentiment,  and  in 
order  that  the  people  of  this  state  shall  have  called  to  their  attention  the  great 
damage  caused,  both  to  life  and  property,  by  fire,  there  is  hereby  set  apart 
and  established  the  first  Friday  in  November  which  shall  be  designated  and 
known  as  "State  Fire  Day."  This  day  shall  be  observed  by  the  public,  private 
and  parochial  schools  of  the  state  with  exercises  appropriate  to  the  subject 
and  the  day. 

Sec.  2. — That  for  the  purpose  of  instruction  in  fire  dangers,  and  in 
methods  of  fire  prevention,  it  shall  be  the  duty  of  the  Chief  Deputy  Fire  Com- 
missioner and  of  the  State  Superintendent  of  Public  Instruction  to  prepare  a 
book  conveniently  arranged  in  chapters,  or  lessons,  such  chapters  or  lessons 
to  be  in  number  sufficient  to  provide  a  different  chapter  or  lesson  for  each 
month  of  the  maximum  school  year.  The  expense  for  publishing  the  books 
of  instruction,  or  other  literature  on  the  subject  of  fire  dangers,  shall  be  paid 
out  of  the  special  fund  for  the  maintenance  of  the  fire  commissioner's  office, 
and  said  books  of  instruction  shall  be  distributed  by  the  state  superintendent 
of  public  instruction,  in  quantities  sufficient  to  provide  a  copy  for  each  teacher. 
And  every  teacher  or  instructor  in  every  public,  private  or  parochial  school 
shall  devote  not  less  than  thirty  minutes  in  each  school  month,  to  instruction 
of  pupils  in  the  subject  of  fire  dangers,  and  in  the  methods  of  fire  prevention. 

Sec.  3. — It  shall  be  the  duty  of  the  members  of  school  boards,  school 
directors,  trustees,  or  other  body  of  persons  having  control  of  the  schools  of 
any  city,  village  or  district,  to  cause  a  copy  of  this  act  to  be  printed  in  the 
manual  or  handbook  prepared  for  the  guidance  of  teachers,  where  such 
manual  is  in  use  or  may  hereafter  come  in  use. 

STATE    HOLIDAYS    AND    OTHER    DAYS    RECOMMENDED    FOR 
"FLAG  DAY"  OBSERVANCE. 

The  following  days,  viz: 

1.  The  first  day  of  January,  known  as  New  Year's  Day; 

2.  The  twenty-second  day  of  February,  known  as  Washington's  birth- 
day; 

3.  The  twenty-second  day  of  April,  known  as  "Arbor  Day"; 

4.  The  thirtieth  day  of  May,  known  as  Decoration  or  Memorial  Day; 

5.  The  fourth  day  of  July,  known  as  Independence  Day; 

6.  The  first  Monday  in  September,  known  as  Labor  Day; 

7.  The  twelfth  day  of  October,  known  as  "Columbus  Day"; 

8.  The  twenty-fifth  day  of  December,  known  as  Christmas  Day; 

9.  Any  day  appointed  and  recommended  by  the  governor  of  this  state 
or  the  president  of  the  United  States  as  a  day  of  fast  or  thanksgiving ;  and 

10.  Any  day  which  may  hereafter  be  made  a  legal  holiday,  shall  for 
the  purposes  of  this  act,  be  holidays;  but  if  said  days  herein  be  the  first  day 
of  the  week  known  as  Sunday  the  next  succeeding  secular  or  business  day 
shall  be  a  holiday. 

11.  The  state  superintendent  of  public  instruction  also  recommends 
the  following  days  as  "Flag  Days":  February  12,  Lincoln's  birthday;  March  1, 


CHILD  LABOR  LAW  117 

Nebraska's  admission  to  the  Union  as  a  State;  April  15,  Death  of  Lincoln 
(half  mast) ;  April  19,  Inauguration  of  the  first  president  of  the  United  States; 
October  19,  Surrender  of  Cornwallis;  and  December  20,  the  landing  of  the 
Pilgrims. 

As  far  as  practicable  we  trust  the  above  named^days  will  be  observed  in 
the  respective  schools  of  the  state  by  appropriate  exercises  and  instruction 
of  a  character  especially  suitable  for  the  respective  occasions. 

See  the  decisions  following  Section  11,  Subdiv.  4,  with  reference  to  closing  schools  on 
holidays. 

CHILD  LABOR  LAW. 

AN  ACT  to  regulate  the  employment  arid  use  of  child  labor,  to  provide 
for  the  enforcement  of  its  provisions,  and  a  penalty  for  its  violation. 
(Sections  2  to  13  omitted.) 

Section.  1 — No  child  under  fourteen  years  of  age  shall  be  employed,  per- 
mitted or  suffered  to  work  in,  or  in  connection  with,  any  theatre,  concert 
hall,  or  place  of  amusement,  or  any  place  where  intoxicating  liquors  are  sold, 
or  in  any  merchantile  institution,  store,  office,  hotel,  laundry,  manufacturing 
establishment,  bowling  alley,  passenger  or  freight  elevator,  factory  or  work- 
shop, or  as  a  messenger  or  driver  therefor,  within  this  state.  It  shall  be  unlaw- 
ful for  any  person,  firm  or  corporation  to  employ  any  child  under  fourteen 
years  of  age  in  any  business  or  service  whatever  during  the  hours  when  the 
public  schools  of  the  town,  township,  village  or  city  in  which  the  child  resides 
are  in  session. 

PENALTY  FOR   MANUFACTURING,  SELLING   OR  GIVING   AWAY 
CIGARETTES  OR  CIGARETTE  PAPER. 

Section  1. — That  it  shall  be  unlawful  on  and  after  the  date  this  act  shall 
go  into  effect  to  manufactore,  sell,  give  away,  or  willingly  allow  to  be  taken, 
any  cigarettes  or  the  material  for  their  composition  known  as  cigarette  paper 
within  the  state  of  Nebraska. 

Sec.  '2. — That  any  person,  firm,  association,  or  corporation  in  this  state, 
violating  the  provisions  of  this  act,  he  or  they  shall  be  guilty  of  a  misdemeanor 
and  shall  upon  conviction  thereof  be  fined  for  each  and  every  such  offense, 
a  sum  not  less  than  fifty  ($50)  dollars  nor  more  than  one  hundred  ($100) 
dollars  at  the  discretion  of  the  court,  together  with  costs  of  prosecution. 

gec  3, — Any  officer,  director  or  manager  having  in  charge  or  control 
either  separately  or  jointly  with  others  the  business  of  any  corporation  which 
corporation  violates  the  provisions  of  this  act  if  he  have  knowledge  of  the 
same,  shall  be  guilty  and  subject  to  the  penalty  herein  provided. 

PENALTY  FOR  USE  OF  TOBACCO  BY  MINORS. 

Section  1.— That  hereafter  it  shall  be  unlawful  in  the  State  of  Nebraska 
for  any  minor  under  the  age  of  eighteen  years  to  smoke  cigarettes,  cigars 
or  use  tobacco  in  any  form  whatsoever. 

Sec.  2.— Any  minor  under  the  age  of  eighteen  years  violating  any  of  the 
provisions  of  the  foregoing  section,  shall,  upon  conviction,  be  fined  in 


118  NEBRASKA  SCHOOL  LAWS 

any  sum  not  exceeding  ten  dollars  and  stand  committed  until  the  fine  and 
costs  of  prosecution  are  paid. 

Sec.  3. — Provided  that  any  minor  so  charged  with  the  violation  of  this 
act  may  be  free  from  prosecution  when  he  shall  have  furnished  evidence  for 
the  conviction  of  the  person  or  persons  selling  or  giving  him  the  cigarettes, 
cigars,  or  tobacco. 


REGULATIONS  FOR  THE   QUARANTINE,   CARE   AND   DISINFEC- 
TION OF  CONTAGIOUS  DISEASES. 

(Excerpts  From  Rules  Adopted  by  the  Nebraska  State  Board  of  Health.) 

Contagious  diseases. — It  shall  be  the  duty  of  every  physician  residing  or 
practising  within  the  limits  of  any  city,  town  or  township  who  suspects  an 
illness  to  be  Asiatic  cholera,  yellow  fever,  smallpox  (or  varioloid),  diphtheria 
(membranous  croup),  scarlet  fever  (scarlet  rash  or  scarlatina),  measles, 
typhus  fever,  ophthalmia  neonatorum,  typhoid  fever,  cerebro  spinal  menin- 
gitis, leprosy,  whooping  cough,  chichenpox,  tuberculosis,  puerperal  fever,  or 
any  other  disease  contagious  or  dangerous  to  public  health,  to  immediately 
isolate  the  patient,  and  within  twenty-four  hours  after  he  ascertains  the 
illness  to  be  of  such  disease  named  herein,  he  shall  notify,  by  the  most  expe- 
dient method,  the  local  board  of  health,  of  all  the  facts  known  to  him,  such 
notice  to  be  followed  by  the  filing  of  a  notice  in  writing  with  the  local  board 
of  health,  giving  the  name  of  the  patient,  location,  disease,  source  or  cause. 
In  all  cases  where  no  physician  is  in  attendance,  it  shall  be  the  duty  of  any 
person,  having  charge  of,  or  being  the  head  of  any  family,  or  having  the  care 
or  custody  of  any  lodging-rooms,  to  give  notice  in  like  manner  as  is  required 
of  physicians. 

Every  school  teacher  or  school  officer  who  discovers,  suspects,  or  has 
knowledge  of  a  case  of  any  of  the  diseases  named  herein  shall  immediately 
report  the  same  to  the  local  board  of  health;  providing,  in  all  the  above  where 
such  local  board  of  health  is  not  organized,  then  such  report  shall  be  made  to 
the  state  board  of  health  in  the  manner  hereinbefore  prescribed. 

Duty  of  local  board  of  health. — It  shall  be  the  duty  of  the  local  board  of 
health,  upon  receipt  of  a  notice  of  the  existence  of  a  case  of  any  of  the  dis- 
eases named  in  Rule  1,  to  forthwith  quarantine  the  premises,  by  giving  per- 
sonal or  written  notice  of  such  quarantine  to  the  occupants  thereof  and  con- 
spicuously placing  a  Danger  Card  thereon;  and  take  such  further  measures 
as  may  be  necessary  and  proper  for  the  restriction  snd  suppression  of  the 
disease;  proper  provision  shall  also  be  made  for  the  care  of  the  sick. 

No  quarantine  shall  be  established  where  the  disease  is  measles,  whoop- 
ing cough  or  chickenpox,  but  the  premises  shall  be  placarded  with  a  danger 
card,  and  in  cases  of  tuberculosis,  typhoid  fever,  ophthalmia  neonatorum,  or 
puerperal  fever  the  premises  shall  be  neither  quarantined  nor  placarded. 

The  board  shall  notify  the  schools  to  receive  no  pupil  from  such  placarded 
houses  without  a  written  permit  from  them,  and  when  deemed  necessary  to 
obtain  control  and  -prevent  further  spread  of  an  epidemic  of  contagious 
disease,  as  when  several  families  in  one  neighborhood  are  afflicted  and  many 


REGULATIONS  FOR  QUARANTINE  119 

exposures  are  known  to  have  occurred,  they  shall  prohibit  all  public  assemblies 
such  as  lodges,  clubs,  churches,  and  schools,  both  public  and  private  for  a 
reasonable  length  of  time  or  until  such  danger  is  passed.  The  board  shall 
further  establish  a  hospital  for  the  segregation  and  care  of  contagious  dis- 
eases when  in  their  opinion  the  safety  of  the  public  demands  it;  or  in  cases  of 
great  emergency  the  board  shall  seize  and  use  as  such  temporary  hospital, 
any  isolated  building  suitable  for  such  occupancy,  and  adjust,  or  cause  to 
be  adjusted,  reasonable  damages  with  the  owner  thereof  later;  and  it  shall  be 
the  further  duty  of  the  local  board  of  health  to  disinfect,  or  cause  to  be  disin- 
fected, the  premises  whereon  all  such  contagious  diseases  have  occurred 
together  with  all  infected  furniture,  bedding,  clothing  and  other  articles 
according  to  the  rules  of  the  state  board  of  health  of  the  state  of  Nebraska, 
governing  such  disinfection. 

It  shall  also  be  the  duty  of  the  local  board  of  health  to  investigate  the 
causes,  conditions  and  surroundings  that  may  have  caused  such  disease  and 
during  the  prevalence  of  any  such  disease  they  shall  make  adequate  report  to 
the  state  board  of  health  from  time  to  time  as  to  conditions,  number  of  cases, 
and  nature  of  such  disease  or  diseases,  and  they  shall  call  at  any  time  for  advice 
and  assistance  from  the  state  board  of  health. 

During  the  existence  of  any  quarantinable  disease,  in  any  family  or 
household,  or  place,  in  any  city,  town,  or  township,  and  until  after  the  re- 
covery of  the  sick  and  the  disinfection  of  the  premises  where  such  disease 
shall  have  existed,  no  person  residing  in.  such  household,  family  or  place,  shall 
be  permitted  to  enter  or  leave  the  premises  without  a  permit  in  writing  from 
the  local  board  of  health  showing  a  thorough  disinfection  of  the  person,  cloth- 
ing and  premises. 

School  teachers  who  are  boarding  in  a  family  in  which  such  disease 
exists,  must  at  once  change  their  place  of  board  and  lodging  and  disinfect 
their  person  and  clothing.  Where  the  disease  is  chickenpox,  measles  or 
whooping  cough  the  children  shall  be  excluded  from  the  public  schools  and 
other  gatherings  until  recovery  has  taken  place  and  the  premises  disinfected. 

If  any  person  shall  wilfully  or  maliciously  remove  or  deface  or  cause  to 
be  removed  or  defaced  any  danger  card  upon  any  quarantined  premises,  or 
shall  in  any  manner  interfere  with  or  break  an  established  quarantine  by  en- 
tering or  leaving  such  quarantined  premises,  or  remove  any  article,  clothing,  or 
any  other  material,  liable  to  be  infected,  without  a  permit  from  the  local 
board  of  health,  and  proper  disinfection,  shall  be  subject  to  prosecution  and 
fine  as  provided  by  the  statutes  of  the  state  of  Nebraska  in  such  cases  made 
and  provided. 

Disinfection  of  schools. — The  state  board  of  health  makes  it  a  rule  and 
regulation  that  all  school  directors,  trustees,  principals  and  presidents  of 
schools  and  colleges  outside  of  cities  in  this  state,  for  the  protection  of  the 
health  of  all  pupils  and  students,  and  of  the  entire  community  as  well,  pay 
prompt  and  regular  attention  to  the  disinfection  of  buildings  used  for  educa- 
tional purposes  immediately  after  the  discovery  of  any  communicable  disease 
within  said  building. 

Each  room  should  be  disinfected  separately.  The  room  should  be  pre- 
pared by  closing  up  all  openings,  such  as  windows,  ventilators,  registers, 


120  NEBRASKA  SCHOOL  LAWS 

stove  pipe  holes  and  chimney  places  and  hermetically  sealing  all  cracks  and 
crevices,  as  those  around  windows  and  doors  and  all  keyholes.  In  short  the 
room  should  be  made  as  air  tight  as  possible.  All  desks,  drawers  and  closets 
should  be  opened  wide  and  all  articles  exposed.  Books  must  be  stood  up  on 
end  and  widely  opened.  Rugs,  mats  and  articles  of  clothing,  if  any,  must  be 
hund  up  on  cords. 

The  disinfecting  may  be  accomplished  by  spraying  with  Liquor  Formal- 
dehyde, U.  S.  P.  or  Formalin. 

Formaldehyde  gas,  however,  is  probably  the  best  known  aerial  disin- 
fectant, and  one  of  the  most  effective  and  economical  methods  of  generating 
it  is  as  follows: 

Ten  ounces,  by  weight,  of  commercial  potassium  permanganate  is  re- 
quired for  each  pint  and  a  half  of  the  solution,  full  strength.  This  is  sufficient 
to  disinfect  1,000  cubic  feet  of  air  space.  In  using  formaldehyde  gas  for  room 
disinfection  it  should  be  remembered  that  the  room  should  always  be  both 
warm  and  moist.  The  latter  may  be  accomplished  by  sprinkling  the  floors 
well  or  by  suspending  wet  sheets  about  the  room. 

The  following  is  the  method: 

The  crystals  of  permanganate  of  potassium  are  to  be  placed  in  a  tin, 
agate  or  iron  pail,  the  capacity  of  which  is  more  than  eight  times  the  quantity 
of  disinfectant  to  be  used.  This  is  necessary  in  order  to  prevent  overflow 
from  effervescence. 

Place  the  pail  containing  the  crystals  at  the  center  of  the  room  in  a 
large  pan  with  two  blocks  or  bricks  placed  under  the  pail,  as  considerable 
heat  will  be  developed.  The  room  having  been  properly  sealed  with  strips 
of  rubber  adhesive,  plaster  or  of  gummed  paper,  quickly  pour  the  solution  of 
formaldehyde  out  of  a  wide  mouthed  vessel  upon  the  crystals  and  leave  the 
room  with  all  possible  speed.  Then  carefully  seal  up  the  door  of  exit  on  the 
outside;  including  the  keyholes  and  crevises  about  the  lock  and  door  knob, 
and  allow  the  room  to  remain  closed  at  least  six  hours.  Then  open  all  doors 
and  windows,  to  admit  both  fresh  air  and  sunlight,  and  allow  free  ventilation 
to  continue  for  six  hours. 

At  the  same  time  privy  vaults  should  be  disinfected  by  throwing  into 
them  milk  of  lime  made  by  adding  one  part  of  freshly  slaked  lime  to  four 
times  its  volume  of  water.  This  should  be  used  as  soon  as  made.  For  each 
pupil  in  attendance  a  half  gallon  of  this  mixture  should  be  allowed.  This 
preparation  should  not,  however,  be  introduced  into  water  closets,  as  it  may 
obstruct  the  pipes.  For  this  purpose  a  5  per  cent  solution. of  carbolic  acid  or 
a  3  per  cent  solution  of  liquor  formaldehyde  U.  S.  P.  or  formalin  may  be  used. 
Careful  attention  should  be  given  to  the  scrubbing  and  disinfection  of  coat 
closets. 

Clothes  closets,  desks,  etc.,  except  those  made  of  metal,  should  be 
washed  with  a  cloth  wrung  out  of  a  posionous  solution  made  by  one-quarter 
of  an  ounce  (120  grains)  of  corrosive  sublimate  bichloride  of  mercury  in  one 
gallon  of  hot  water  (1-500-|--). 

Metal  fixtures  may  be  treated  in  a  similar  manner,  using  a  solution  made 
by  adding  four  (4)  ounces  of  pure  carbolic  acid  to  a  gallon  of  hot  water  (1-30—  |— ) 


REGULATIONS  FOR  QUARANTINE  121 

The  balustrade  of  stairways  and  all  knobs  of  doors  should  be  wiped  off 
daily  with  a  cloth  moistened  with  the  formaldehyde  or  carbolic  solution. 

In  case  of  smallpox,  vaccination  and  re-vaccination  of  the  entire  school 
should  be  performed  at  once.  Only  vaccine  virus  known  to  be  active  should 
be  used  in  such  an  emergency. 

During  the  disinfection  of  school  buildings  the  books  should  be  strung  on 
cords  or  stood  on  end  with  the  leaves  widely  separated  in  a  cloak  room  or 
closet  where  they  will  be  subject  to  the  vapor  of  concentrated  formaldehyde 
gas.  . 

During  the  prevalence  of  communicable  diseases  pupils  should  not  be 
permitted  to  take  school  books  to  their  homes. 

Books  known  to  have  been  taken  to  infected  houses  should  be  destroyed 
by  burning. 


INDEX. 


Accounts —  pa 

City  districts,  audited  by  secretary go 

County  superintendent,  file  and  sworn  statement 67,  80 

Director,  audited  by  moderator  and  treasurer '45 

Aid  to  weak  districts 36 

Annual  meetings 29 

Appeal — 

From  appraisal  of  schoolhouse  site 37 

Appointments — 

County  superintendent,  by  county  board 57 

District  officers,  by  county  superintendent 39,  54 

To  fill  vacancies 39,  54 

Apportionment  of  state  school  funds — 

Basis  of 82 

Constitutional  provisions  for jg 

County  superintendent,  apportionment  by 82 

County  superintendent,  record  of 82 

District  treasurer,  certificate  of 82 

Forfeiture 18,  82 

Fractional  districts,  amount  received  by 82 

Length  of  term  required  in  order  to  share 35 

New  districts,  when  share 82 

State  auditor,  warrant  drawn  by 82 

State  superintendent,  certificate  of 82 

State  treasurer,  exhibit  of  school  funds 81 

Appraisal — 

Site  for  schoolhouse,  condemned 86,  87 

Arbitration — 

Division  of  district  property 26,  27 

Attendance — 

At  nearer  school 50 

Compulsory 107 

Auditor  public  accounts — 

Draw  warrant  for  the  state  apportionment 82 

May  examine  records  of  state  superintendent 68 

Register  district  bonds 102 

Certificate  of  registration 102 

Detach  coupons  from  bonds 107 

Require  statement  of  funds  from  county  treasurers 81 

Bible  reading  in  public  schools 19 


124  NEBRASKA  SCHOOL  LAWS 

Blanks — 

County  superintendent  to  receive  and  distribute 67 

State  superintendent  to  prescribe  and  publish 68 

Board,  district — see  also  officers,  district — 

Appoint  to  fill  vacancies 41,  54 

Care  of  schoolhouse  and  property 48,  54 

Classification  of  scholars 48 

Constituted,  how 48 

Contract  with  teachers 43,  44,  45 

Course  of  study .  . 48,  49,  56 

Director,  clerk 43 

Grade  scholars 48,  56 

High  school  district,  trustees 56 

Issue  district  bonds 101 

Statement  of  proceedings 102 

Meetings,  how  called,  notice 48 

Non-resident  pupils,  admitted  by 49 

Oath  filed  with  county  superintendent 35 

Purchase,  lease,  or  sale  of  district  property 53 

Quorum 48 

Report  school  census 47 

Report  taxes  voted 33,  48 

Rules  and  regulations 48,  56 

Suspend  or  expel  pupils 52 

Tuition  determined  by • 49 

Vacancies,  how  filled 54,  55 

Board  of  education — 

City  school  districts 94,  95 

State  normal  schools 88 

Board  of  educational  lands  and  funds 17 

Board  of  health,  rules  of 118 

Bonds,  district — 

Amount. . 101 

City  districts — 

Board  must  provide  for  the  interest 100 

Election 96 

Purchase  and  redemption  of  bonds 100 

Sinking  fund 100 

Compromise  indebtedness — 

Negotiations 106 

Petition 106 

Record 106 

County  treasurer  liable  for  taxes  collected 104 

Coupons  detached  by  auditor 107 

High  school  redemption  bonds — 

Condition,  description,  issuance,  payment 105 


INDEX  125 

History  of  proceedings 103 

New  bonds,  description 105 

Petition  for  submission 101 

Purpose  of  issue 101 

Rate  of  interest 102 

Record  of  proceedings 106 

Refunding  bonds ...  1Q4 

Registration 102 

Certificate  of  auditor 102 

Non-registry 103 

School  district  defined 103 

Taxation  for  payment 103 

County  treasurer  liable  for  receipts 104 

Excess,  how  used 103 

Bonds,  official — 

District  treasurer 41 

Secretary  of  board,  city  district 97 

Treasurer  of  city  district 97 

Bonds,  publishers 110,  111 

Books,  text — 

Contract  with  publishers  for .. .  110 

Form  of 110 

Violation  of,  penalty 112 

Damage  to 112 

Library 112 

Loaned  to  pupils 112 

Local  dealer  may  handle 112 

Payment  for Ill 

Price  lists Ill 

Property  of  district 112 

Pupils  may  borrow  or  purchase 112 

Trusts,  school  book Ill 

Boundaries — See  districts. 

Building  fund — 

Expended  under  direction  of  district 34,  35 

Special  tax  for  voted  at  annual  meeting 34 

Maximum  amount 34 

Petition  of  one-fourth  legal  voters 34 

Proceedings 34 

Business  Calendar 11 

Calendar,  business 11 

Census,  district — 

City  districts 47,  98 

Failure  to  take,  liability 47 

Oath  of  person  taking .  .      45 

Taken  by  whom,  when 45,  98 


126  NEBRASKA  SCHOOL  LAWS 

Certificate,  teacher' — see  teacher — 

Challenge  of  voter  at  district  meeting 31 

Charities  and  corrections 115 

Child  labor 117 

Cigarettes 117 

Cities,  schools  in 94-101 

Classification  of  scholars 48,  56 

Colleges,  universities — 

Authorized  to  grant  teachers'  certificates 70,  72 

Commissioner  of  public  lands  and  buildings — 

Give  deed  for  site  on  school  land 88 

Commissioners,  county — see  county  board — 
Common  schools — 

Instruction  free 18 

Compulsory  education 107-110 

Condemnation  of  site  for  schoolhouse 86 

Consolidation  of  school  districts 21,  22,  23 

Constitution  of  state  on  education 17 

Contagious  diseases 118 

Contract — 

Not  necessary  to  be  in  writing 44 

Officers  cannot  have  pecuniary  interest  in . .  . .      55 

Officer  as  teacher 39 

Officer  with  district  prohibited 55,  98 

Publisher,  text-book 110,  111 

Teachers' 43,  44,  45 

Conveyance,  district  property 37 

Corporal  punishment 52 

Costs,  appraisal  of  site 86 

County  boards — 

Appoint  county  superintendent,  when 67 

Appropriation  for  institute  fund 80 

Assess  taxes  on  division  of  district  property 25 

Levy  of  taxes  voted  at  annual  meeting 33 

Salary  of  county  superintendent,  determined  by 65 

County  Clerk — 

Change  in  district  boundaries 22 

Levy  taxes 48 

Notice  of  election  of  county  superintendent 65 

Transfer  taxes 50 

County  high  schools 63-65 

County  superintendent — 

Accounts,  statement  of 66,  80 

Appoint  appraisers  of  site 86 


INDEX  127 

Appoint  district  officers 39   54 

Appointment  of  to  fill  vacancy '  67 

Apportionment  of  state  school  funds — 

Certificate  of gl    §2 

Record  of g2 

Bond 27 

Certify  disticts  entitled  to  state  aid 36,  37 

Change  district  boundaries  on  petition 21,  22,  23 

Compensation  awarded  by  county  court 29 

Conduct  institute 79 

Districts  created  and  boundaries  changed 21-23 

Action  discretionary 21,  22 

Action  obligatory 23 

Notice  to  taxable  inhabitant 24 

Petitions  filed 24 

Property,  divisions 25,  26 

Record 25 

Report ' 27 

Duty  to  attend  institute 79 

Election ' 65 

Examination  of  teachers 76,  77 

Furnish  records  and  supplies. 66 

Lectures 66 

Mandamus,  application  for 40 

Notices- 
Arbitration,  division  district  property 25,  26 

To  director  when  report  is  due 67 

Transfer  of  pupils  to  adjoining  district 50,  51 

Oaths  administered  by 47 

Petitions  filed 21 

Prepare  examination  questions 76 

Reports — 

Change  in  district  boundaries 27 

Dismembered  districts 28,  29 

To  county  treasurer  on  high  school  tax 59 

To  state  superintendent 67 

To  superintendent  blind  and  deaf  institute    67 

Salary,  determined  by  county  board 65 

Site  of  schoolhouse  determined  by 32 

Statement  of  account 66,  80 

Term  of  office 65 

Transfer  of  pupils  to  adjoining  district 50 

Vacancy  in  office,  how  filled 67 

Visit  schools 66 

County  treasurer — 

Adjust  tax  list 27 


128  NEBRASKA  SCHOOL  LAWS 

Change  in  district  boundaries 27 

Collect  and  pay  over  district  taxes 48 

No  fee  allowed  on  state  apportionment 83 

Course  of  study — 

High  school  district 56 

Primary  district 48 

Deeds — 

District  property — 

Moderator  sign  and  acknowledge 37 

Record 37 

Site  on  school  land 88 

Deputy  state  superintendent,  duties,  salary 69 

Diplomas — 

Normal 72 

Nebraska  state  normal  schools '. .  88 

Directors — see  officers,  district — 
Disinfection — see  quarantine — 

Districts — 

Annual  meeting 22 

Body  corporate 21,  94 

Change  in  boundaries 21 

Debts 29 

Defined 21 

Dismembered 28 

Extent  of 24 

Formation  and  division — boundaries — 

Arbitration 27 

Attachment  to  adjoining  district 24 

Changes  on  account  of  streams 24 

County  divided  into  districts 21 

Discontinuance  of  district 23 

Discretion  of  county  superintendent. 21 

New  district,  when  formed 24 

Notices 24 

Two  districts  made  from  one 23 

Unsatisfactory 27 

High  school,  organization 55 

Indebtedness,  compromise  bonds 106 

Joint  districts 28 

State  apportionment  to 82 

Organization 24,  39,  55 

Property  division 25 

Represented  in  litigation  by  treasurer 42 

Unbonded  indebtedness.  . .                    27 


INDEX  129 

District  board — see  board,  district — 
District  officers — see  officers,  district — 

Elections — 

County  superintendent 65 

Notice  of  .by  county  clerk. 65 

District  officers 38,  55,  90 

To  vote  district  bonds 101 

Embezzlement  of  district  funds 83 

Examination  of  teachers — see  teacher — 

Expenditures,  estimates  of 46,  56 

Fees — 

Examinations,  teachers 78 

Matriculation,  state  normal  school 90 

Registration,  certificate,  diploma 89 

Fines 18,  82 

Fire  Day 116 

Fish  and  Game  commission 115 

Free  high  school  tuition — 

High  school  defined 56 

Money,  how  paid 58 

Neglect  of  annual  meeting  to  vote  tax — 

Action  of  district  board 59 

Neglect  or  refusal  of  district  board  to  deliver  estimate — 

Action  of  county  superintendent 59 

No  levy,  when 60 

Rate  of,  exemption 57 

Requirements  for  securing — 

Application  of  parent 

Board  report  to  county  superintendent  and  clerk 59 

Estimate  of  county  superintendent 58 

Tax  levy,  provision  for 59 

Rules  for  admission 56 

Free  text  books — see  books — 

Funds,  district — 

Appropriation 

Building 

Disbursements ..40,41,45 

P'ree  high  school,  how  paid.  .  58 

Library 112 

Misuse  of,  embezzlement 

Payment  to  unqualified  teacher  prohibited.  .  .  .43,  54 

School ..81,  86 

Teachers 26 


130  NEBRASKA  SCHOOL  LAWS 

Teachers'— 

Division  of  on  creation  of  district 26 

Transfer  of  money 35 

Turned  over  by  treasurer  to  successor 42 

Funds,  institute 78,  80 

Funds,  normal  school *. 90 

Governor  may  examine  records  of  state  superintendent 68 

High  school,  county 63-65 

High  school  districts 55-65 

High  school  education,  free 56-60 

High  school  normal  training — see  normal  training — 

High  school  redemption  bonds 105 

High  school,  rural 60-62 

Holidays,  legal  in  Nebraska 45,  116 

Indebtedness,  district — 

Bonded,  remains  a  charge  on  original  district 26 

Compromise  bonds 106 

Unbonded,  considered  in  division  of  property 27 

Institutes,  teachers' — 

County 79 

Failure  to  attend,  penalty 80 

Funds — 

Disbursements 80 

Fees,  examination 80 

Statement  of  county  superintendent 80 

Schools  closed  during 80 

Time  of  holding 79 

Instruction  in  neighboring  districts 52 

Instruction  free  in  common  schools 18 

Interest — 

District  bonds 102 

District  orders  or  warrants 83 

Joint  districts — 

Apportionment  to 82 

Formation  of 28 

Reports 28 

Junior  normal  schools 91 

Libraries,  school 112 

Recommended  list 113 

Library  commission 115 


INDEX  131 

Licenses 18,  81 

Life  certificates , 74 

Mandamus 40 

Matriculation  fees,  state  normal  schools 90 

Meetings,  district — 

Annual  meeting,  time,  place 29 

Determine  amount  of  expenditures 33 

Determine  length  of  school  term 35 

Director,  clerk  of 43 

Election  of  officers 38 

Minutes  read,  corrected  and  approved 46 

Site  for  schoolhouse  designated,  changed 32 

Taxes  voted — 

Building  fund 34 

Maximum 33 

Disturbance,  arrest : 40 ' 

High  school  districts 55 

Lease  of  house  or  site,  authorize 32 

Moderator  presides 40 

Notice  of 29 

President  pro  tern 40 

Purchase  house  or  site,  authorize 32 

Sale  of  district  property,  authorize 37 

Special  meetings — 

Call  of 29 

Notice,  contents 30 

Transfer  of  funds 35 

Voters- 
Challenge 31,  32 

Oath 31 

Penalty  for  perjury 32 

Qualifications 30 

Rejection  of  vote 32 

Moderator — see  officers — 

Money 54 

Division  of 26 

Teachers'  fund 26 

Month,  school 71 

Norcotics  and  stimulants 71 

Non-resident  pupils 49,  56 

Normal  institutes.  .  68 


132  NEBRASKA  SCHOOL  LAWS 

Normal  schools,  state 88-92 

Normal  training  in  high  schools — 

Amount  of  state  aid 93 

Inspection,  expenses  of 93 

Payment,  how  made — 

Secretary  of  board,  report  of 94 

State  superintendent,  certificate  of 94 

Warrant,  drawn  by  auditor 94 

Warrant,  remitted  by  treasurer 94 

Purpose 92 

Requirements  governing  approval 92 

Schools,  designated  by  state  superintendent 92 

Notices — 

Director  of  district  meetings 46 

County  superintendent  to  director 50 

County  superintendent  to  county  clerk 50 

County  superintendent  to  districts.  .• 27 

County  superintendent  to  taxable  inhabitant 24 

Parent  to  county  superintendent 50,  58 

Oath,  official — 

Board  members  in  city  districts 96 

Director,  oath  not  required 38 

Oaths— 

As  to  destruction  of  schoolhouse  or  epidemic 36 

County  superintendent  may  administer 47 

Moderator  may  administer 40 

Parent  or  guardian  to  census  enumerator 109 

Person  taking  census 45,  47 

Report  of  director 47 

State  aid  to  school  districts,  county  superintendent 36 

Voter  at  district  meeting 31 

Officers,  district — 

Acceptance  of  office 38 

Appointment  by  board 54 

Appointment  by  county  superintendent 39,  54,  55 

Contract  with  district  prohibited 55 

De  facto,  acts  binding 39 

Director — 

Acceptance  of  office 38 

Account  of  expenses,  audited .  45 

Appear  for  district,  when 42 

Approval  of  teachers'  reports 71 

Cannot  delegate  authority 44 


INDEX  133 

Census  taken  by 45  47 

Clerk  of  board 43 

Contract  with  teacher 43 

Demand,  with  moderator,  for  new  treasurer  bond 42 

Draw  orders  and  warrants 46 

Estimate  of  expenditures 46 

Make  complaint,  non-attendance  of  pupils 108 

Notice  of  district  meetings 46 

Notice  of  school 43 

Preserve  books  and  papers 43 

Record  proceedings 25,  43 

Repairs 45 

Report  to  county  superintendent 47 

Statement  of  assessed  valuation 47 

Statement  of  orders  drawn 46 

Election  at  annual  meeting 38,  55 

Election  at  special  meeting 54 

Moderator — 

Acceptance  of  office 38 

Administer  oath  to  director  and  treasurer 40 

Approve  bond  of  treasurer 41 

Contract  with  teacher. 43 

Demand,  with  director,  new  treasurer  bond 42 

Orders,  countersign 40,  41,  46 

Refusal,  mandamus 40 

Preside  at  district  meetings 40 

Record  of  orders  and  warrants 46 

Remove  or  arrest  disorderly  person 40,  41 

Payment  for  services 46 

Teacher,  be  employed  when.  .  ., 39 

Term  of  office 38,  55 

Treasurer — 

Acceptance  of  office 38 

Appear  for  district  in  suits 42 

Bond- 
Approved  by  director  and  moderator 41 

City  districts.* 99 

Failure  of  sureties 42 

File  with  director 41 

Liability  of  principal,  sureties 

New  bond 42 

Contract  with  teacher 43 

Election  to  fill  vacancy 

Hold  over,  when 

Misuse  of  funds,  embezzlement 

Payment  of  orders 41 


134  NEBRASKA  SCHOOL  LAWS 

Receipt  of  moneys  from  county  treasurer 41 

Record  of  receipts  and  expenditures 42 

Register  unpaid  warrants 84 

Failure  to  register,  penalty 85 

Report  to  annual  meeting 42 

Turn  over  to  successor  records  and  funds 42 

Warrants,  notify  holders  of 85 

Failure  to  notify,  penalty 85 

Vacancies,  how  filled 54 

Orders,  district- 
Countersigned  by  moderator 40,  41,  46 

Drawn  by  director 40,  41,  46 

Endorsement 84 

Interest,  payable  when 83 

Record  kept  by  moderator 46 

Registration 84 

Statement  of 46 

Outhouses 53 

Pauper  children,  education  of 115 

Penalties — 

District  treasurer  for  misuse  of  school  funds 83 

District  treasurer,  failure  to  register  or  pay  warrant 85 

False  statement  to  census  enumerator 110 

Illegal  voting 32 

Sell  or  give  away  cigarettes  or  cigarette  paper 117 

Petitions — 

To  vote  tax  for  special  building  fund 34 

To  create  district  or  change  boundaries 21,  22,  23,  24 

To  allow  officer  to  act  as  teacher 39 

To  issue  compromise  bonds 106 

Physiology  and  hygiene — 

Provisions  for  teaching 71 

Teachers  pass  examination  in 71 

Price  lists,  text-books Ill 

Professional  certificates — see  teacher — 

Property,  district — 

Care  and  custody  of 54 

Division  of  on  formation  of  district 25 

Distribution  of  income 18 

Granted  for  educational  purposes 17 

Lease  of 53 

Purchase  of 53 

Sale  of 25,  53,  106 

Taxable,  statement  of 48 


INDEX  135 

Public  library  commission 115 

Pupils — 

Age 18,45,  50 

Attendance  at  nearer  school 50 

Census 45,  47,  98,  109 

Compulsory  attendance  of 107 

Control  of 52 

Expulsion  or  suspension 52 

Grading 48,  56 

Instruction  in  neighboring  district 52 

Non-resident  tuition 49,  50 

Normal  schools,  admission  to 89 

Purchase  books  of  board 112 

Transportation 52 

Quarantine 118 

Quorum — 

Board  of  education,  city  districts 97 

District  board 48 

Records — 

Director 25,  43 

Moderator 46 

Secretary  in  city  districts 97 

Reform  school 19 

Refunding  bonds — see  bonds — 

Repairs 45 

Reports — 

County  superintendent 27,  67 

Director 47 

Joint  districts 28 

State  superintendent 68 

Teacher 71 

Rules  and  regulations — 

City  districts 96 

District  board 54 

High  school  board 61 

Normal  schools 96 

State  superintendent 67 

Rural  high  schools 60,  63 

Scholars — see  pupils — 

School  district — see  districts — 

School  funds .' 17,  81-87 

Schoolhouse — 

Care  and  custody  of 54 

Lease,  purchase,  sale 26,  32,  53 


136  NEBRASKA  SCHOOL  LAWS 

Site- 
Condemnation,  appraisal,  damages 86 

Designated  and  changed 32 

School  lands,  deed  by  land  commissioner 88 

Title  to 53 

Vote  tax  to  create  special  fund 34 

School  laws,  printing  and  distribution 68 

School  month 71 

School  year,  beginning  of 29 

Scientific  temperance   instruction 71 

Sectarian  instruction  prohibited , 19 

Site — see  schoolhouse — site. 

Special  meetings 29 

State  aid  to  weak  school  districts — 

Appropriation  for 35 

Amount  due  districts,  how  determined 37 

Certificate  of  county  superintendent 36 

Certificate  of  state  superintendent ,    36 

Requirements  necessary  to  secure — 

Accounts  audited  and  approved 36 

District  must  levy  maximum  school  tax 36 

Limitations  as  to  area  of  districts 36 

Warrant  drawn  by  auditor 36 

State  normal  schools ; 88,  91 

State  superintendent — 

Apportionment  of  school  funds 69 

Countersign  certificates 70-72 

Decide  disputed  points  in  school  law 68 

Deputy,  duties,  salary 69 

Examination,  teachers' 71 

Member  normal  school  board 88 

Normal  diplomas,  endorsement 70 

Office  open  to  inspection 68 

Price  list  of  books,  print  and  distribute Ill 

Report  to  governor 69 

Rules  and  instructions *.  . .  .  67 

School  laws,  print  and  distribute 68 

Visit  schools 68 

State  treasurer — 

Exhibit  of  school  funds 81 

Member  of  board  educational  lands  and  funds 17 

Member  of  normal  school  board '.  .  .  88 

Suits  at  law — 

District  meeting  direct 37 

Treasurer  appear  for  district 42 


INDEX  137 

Supplies 45 

Paid  out  of  county  general  funds . .      66 

Taxes — 

Bonds,  district,  payment  of 104 

City  districts 99 

District 29 

Estimate  of 46,  56 

Free  high  school 56 

Levy .33,  48,  57,  58 

Lists,  adjusted  by  county  treasurer. . 27 

Maximum  levy  for  school  purposes 33 

Paid  to  district  treasurer  on  order 48 

Transfer  by  county  clerk 50 

Voted  at  annual  meeting — 

Building  fund 34 

Free  high  school  tuition 58 

Maximum  levy 33 

Teacher — 

Certificates — 

City  districts 74,  98 

College  and  normal  graduates 70,  72 

County — 

Branches  required 75 

Emergency 76 

Examinations,  how  conducted 76 

Fees 78 

How  issued 76 

Renewal 77 

Revocation 77 

Where  valid 77 

Necessary  to  contract 43,  98 

Normal  school 89 

Revocation 77 

Professional  state — 

Branches  required 74 

Lapse 73 

Without  examination 74 

University  graduate... 74 

Qualifications 43,  70 

Unqualified  not  paid  district  money 43,  54 

Report  to  director  monthly,  approval 71 

Term,  school — 

Length  determined  by  district  meeting 35 

Necessary  to  entitle  district  to  apportionment 18,  35 


138  NEBRASKA  SCHOOL  LAWS 

Text-books — see  books — 

Transfer  of  funds 35 

Transfer  of  pupils  for  school  privileges 51 

Transportation  of  pupils 52 

Trusts,  text-book Ill 

Tuition— 

Free  high  school,    exemption 57 

Non-resident  pupils 49 

Pauper  children 115 

University 18 

Vacancies  in  office — 

Board,  district 38,  39,  54 

Board  of  education,  city  districts 96,  97 

Board  of  education,  state  normal  schools 88 

County  superintendent 67 

Valuation  of  taxable  property,  statement 48 

Voters- 
Challenge 31 

Oath 31 

Penalty 32 

Penalty  for  perjury 31 

Qualifications 30 

Rejection  of  vote 32 

Warrants — 

Duplicate  for  lost. 85 

On  county  treasurer — 

Countersigned  by  moderator 40,  41,  46 

Drawn  by  director 40,  41,  46 

Record  by  moderator 46 

On  district  treasurer — 

Countersigned  by  moderator 40,  41,  46 

Drawn  by  director 40,  42,  46 

Endorsement 84 

Interest 83 

Payment 83 


. 


